CALUSA AND ELLIOT RESIDENTS ASSOCIATION TAKE CRISIS-RIDDEN SAKHISIZWE MUNICIPALITY AND GOVERNMENT AUTHORITIES TO COURT OVERCONSTITUTIONAL FAILURES

23 OCTOBER 2026

CALUSA) and the Elliot Residents Association (ERA) have approached the High Court of South Africa in Bhisho to seek relief concerning persistent service-delivery failures and persistent breaches of constitutional and statutory obligations by the Sakhisizwe Local Municipality and relevant government authorities.

In papers submitted to court, the applicants raise concerns about deteriorating roads and bridges, blocked drainage, recurring sewage spills, water and environmental safety, inadequate waste management, access to municipal information, and meaningful community participation. These are not merely administrative problems; they directly affect people's lives and demand practical, accountable solutions.

However, this case is about more than infrastructure. It concerns the relationship between government and the people it is constitutionally obliged to serve. We maintain that communities cannot be expected to endure persistent service-delivery failures while being marginalised in decisions affecting their lives. Sustainable solutions require transparent governance, clearly assigned responsibilities, and accountability for implementing public commitments.

At the heart of this case is the recognition that organised communities and civil society constitute an essential third component of local governance, alongside elected political leadership and municipal administration. This does not mean replacing elected representatives or municipal officials but affirming that democracy requires active public participation and continuous accountability beyond elections.

The Constitution and the Municipal Systems Act establish the foundations for democratic, accountable and participatory local government. Residents are rights-holders, not passive recipients of municipal services. Meaningful participation requires access to information, genuine opportunities to influence decisions and the ability to monitor whether public commitments are fulfilled. Consultation must be more than a formality.

We have approached the court seeking a declaration concerning the municipality's failures and practical relief requiring a comprehensive remedial plan with identified interventions, responsible officials, funding arrangements, timeframes, and measurable milestones. We also seek meaningful community participation in the process, regular reporting to the court, and appropriate cooperation from provincial and national authorities within their respective legal responsibilities. Further relief may be sought where legally justified.

Our objective is not to have the court assume the municipality's daily administrative functions but to secure fulfillment of constitutional obligations through enforceable measures and accountable implementation.

For the people of Sakhisizwe, the questions are simple: Will roads and bridges be repaired? Will sewage spills and flooding be addressed? Will communities have access to essential information? Will residents have a meaningful voice in decisions affecting them? And will those entrusted with public power be held accountable?

This case is part of the unfinished democratic project of ensuring that communities are not merely governed but must participate meaningfully in shaping the institutions that govern them. The people of Sakhisizwe are not outsiders in their own communities. They are rights-holders and active participants in local democracy, entitled to responsive government and accountable public institutions.

Ultimately, this is a struggle to make the constitutional promise of democratic, accountable, and responsive local government a lived reality for the people of Sakhisizwe.

ISSUED JOINTLY BY: CALUSA and the Elliot Residents Association (ERA)

For inquiries, contact Lwazi Ncapayi at 060 667 3413 | info@calusa.co.za