Blame game as pupils and teachers suffer after water and electricity cuts

Thousands of Durban pupils have been left without water as temperatures soared dangerously into heatstroke territory in the past two weeks.

The provincial education department’s outstanding debt to eThekwini municipality resulted in water and electricity cuts, and now the SA Human Rights Council is investigating a possible human rights violation after eThekwini councillor Jonathan Annipen lodged a complaint following his unheard pleas to the municipality to remedy the situation.

In his complaint Annipen said while the municipality claimed its actions were lawful under municipal finance and debt-collection legislation, the disconnection of essential services to public schools is “unconstitutional, disproportionate, inconsistent with children’s rights jurisprudence and constitutes a prima facie human-rights violation”.

Annipen said disconnecting water and electricity disrupts schooling, prevents safe learning, compromises sanitation, teaching, safety and dignity and makes effective education impossible.

This was after the municipality told him their actions were legally justified and the city manager claimed no undertaking was given to prevent school disconnections despite a municipal finance committee meeting in November.

Annipen wants the SAHRC to:

• direct the immediate restoration and protection of essential services to all affected schools;
• issue formal findings of constitutional and human-rights violations;
• recommend binding intergovernmental debt-resolution mechanisms;
• require policy reform preventing future school disconnections;
• refer the matter to parliament, the MEC for education and the National Treasury;
• consider litigation or amicus intervention if non-compliance persists.

According to a response from city manager Musa Mbhele, the city’s total debt was in excess of R43bn at the end of December, of which R2.278bn was owed by state organs.

“Of the R 2.278bn, the education department was owing R874,483,195 and is split between section 21 schools (R336,737,831) and section 20 schools (R537,745,364).”

The statement that eThekwini municipality has unlawfully disconnected water and electricity services in public schools in and around Phoenix is not factually correct.

—  City manager Musa Mbhele

The education department is responsible for the finances at section 20 schools while section 21 schools are managed by school governing bodies.

He said four schools ― Solomon Mahlangu Primary in Cornubia (which owed R663,260), Ikusasalentsha Secondary in Inanda (owing R79,575), Zeph Dlomo High School in KwaMashu (which owed R60,933) and Ferndale Secondary School (owing R1,122,729) ― were currently disconnected.

Mbhele said before any disconnection was carried out, the education department was informed.

“The statement that eThekwini municipality has unlawfully disconnected water and electricity services in public schools in and around Phoenix is not factually correct. The disconnections have been implemented as a result of the non-payment for services as well as the failure by the DoE to sign the acknowledgement of debt and to enter into a payment agreement with the municipality, to settle the said debt.

“The allegation made by Cllr Annipen, that councillors serving on the municipal finance committee were assured by the municipality that schools would not be disconnected, and the city has acted contrary to that assurance, is not a true reflection of what transpired in the committee.

“The statement that the councillor is referring to, was made against the background of the payment plan being entered into between the municipality and the DoE. In the absence of any existing payment plan, the municipality first disconnects the regional offices of the DoE, and should there be no response to the disconnection, the municipality has no other alternative but to disconnect all services that are not paid for.”

Thirona Moodley, National Professional Teachers Organisation of SA’s head, said schools in the Pinetown district have also had their electricity disconnected, with at least one school, Acacia Primary, going without water and lights.

“These disconnections were carried out without the mandatory notice of disconnection being issued to the affected schools. As a result, the schools are unable to operate effectively.

“The situation has been exacerbated by the department’s failure to pay schools their financial allocations, leaving schools unable to meet their financial obligations.

“Furthermore, school administration systems are electronically based, and the loss of electricity has severely disrupted administrative operations. Teaching and learning have been significantly impacted and must remain the highest priority.”

Moodley called on the department to intervene.

Provincial education department spokesperson Muzi Mahlambi confirmed “some of our schools have been disconnected due to them owing. This happens all the time with our offices.”

Pavershree Padayachee, SAHRC provincial manager, confirmed they were investigating the complaint.

“On conclusion of the investigation the commission will be better placed to pronounce on whether a violation has occurred or not. The commission is, however, concerned by the impact of these disconnections on the rights of the learners, more especially their rights to education, human dignity and what constitutes the best interests of the child/children, which are of paramount importance in every matter concerning a child/children as per section 28 of the constitution.

“The commission is also concerned that both the municipality and the education department as organs of state possess constitutional obligations to respect, protect, promote and fulfil the Bill of Rights and that despite this they have been unable to reach an amicable solution that would have averted these disconnections.”

eThekwini municipality spokesperson Gugu Sisilana said they didn’t “discuss individual customer account information with third parties”.

“We wish to reiterate that all customers, including government departments, are required to settle their municipal accounts.”

She said where arrears exist, the municipality implements credit-control measures, including disconnections, in line with the city’s credit control and debt collection policy.

“With regard to any complaint lodged with the SAHRC, the relevant municipal directorate responsible for the matter will respond directly to the commission if requested to do so. The municipality will not engage on such matters through the media.”