Assignment 1 Semester 2 2025
Unique #:
Due Date: 25 August 2025
Detailed solutions, explanations, workings
and references.
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, The Role of Local Government in Realising the Rights of Residents of
Extension 39
Introduction
Local government in South Africa plays a critical role in the everyday lives of
communities. Section 152 of the Constitution outlines the objectives of municipalities,
including the obligation to provide democratic and accountable government, ensure
the sustainable provision of services, promote social and economic development,
create a safe and healthy environment, and encourage community participation.1
The case of the residents of Extension 39 highlights the ongoing challenges
municipalities face in service delivery. Despite promises of infrastructure
development, the lack of basic amenities such as water, sanitation, electricity, and
housing demonstrates a failure to realise the constitutional rights of these residents.
This essay examines the role of local government in the realisation of these rights by
focusing on constitutional provisions, legislation such as the Municipal Systems Act
and the Municipal Finance Management Act, as well as relevant case law.
Constitutional Framework
The Constitution of the Republic of South Africa, 1996, entrenches socio-economic
rights that are directly relevant to the grievances of the Extension 39 community.
Section 152(1)(b) identifies the sustainable provision of services as one of the core
objects of local government.2 The lack of water, sanitation, refuse collection, and
electricity in Extension 39 indicates a direct failure to meet this constitutional
objective. Section 152(1)(c) further obliges municipalities to promote social and
economic development, which is undermined when communities live without
essential services.
Section 27 of the Constitution guarantees everyone the right of access to sufficient
water, while section 26 provides for the right of access to adequate housing.3 These
rights place a duty on municipalities, as the sphere of government closest to
1
Constitution of the Republic of South Africa, 1996, s 152(1).
2
Ibid s 152(1)(b).
3
Ibid ss 26–27.
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