An emotional Khayelitsha resident, Phumeza Somdaka, looking at the hole caused by the sewer spill near her home.
Image: Phiri Cawe
The Public Protector has found that the City of Cape Town failed to progressively provide basic municipal services to residents of Langa Flats and parts of Khayelitsha, concluding that years of shortcomings in housing, sanitation, water access and public infrastructure amounted to maladministration and improper prejudice.
Deputy Public Protector Advocate Dinkie Dube released the findings in Report No. 12 of 2026/27 during a media briefing in Cape Town on Tuesday, July 7, 2026, following a systemic investigation prompted by complaints residents raised during the Public Protector South Africa's outreach visits to the Western Cape in 2022 and 2023.
"The provision of basic municipal services is not merely an administrative function, it is also a fundamental constitutional obligation that directly impacts the human dignity, safety and well-being of the people of South Africa," Dube said.
She urged the City to extend similar attention to other historically disadvantaged communities.
"The report deals with residents of Langa Flats and Khayelitsha. I implore the City to look at other disadvantaged communities, like Mitchells Plain, to be able to realise equitable distribution of resources," she said.
While acknowledging the City's cooperation, the official said municipal representatives had cited challenges including violent protests, budget limitations and human resource constraints.
"The City raised challenges such as violent protests, human resource constraints, and budget limitations, but the City has an obligation in accordance with the Constitution. Having heard them, they are still required to provide services for the people of Langa and the people of Khayelitsha."
She said the Public Protector hoped the findings would lead to tangible improvements for affected communities.
"We would want to see the residents of Khayelitsha being provided with proper housing. We understand that there is a backlog, but that is where we want to see the City addressing these basic municipal services and restoring dignity of residents with access to basic services like water and housing," she said.
Deputy Public Protector Advocate Dinkie Dube addresses journalists during a media briefing at the Public Protector South Africa's Western Cape offices in Cape Town on Tuesday, 7 July 2026, where Report No. 12 of 2026/27 into service delivery in Langa Flats and parts of Khayelitsha was released.
Image: Lilita Gcwabe
The investigation examined residential complaints about overflowing sewage, deteriorating municipal housing, poor waste collection, delays in signing lease agreements with tenants, inadequate maintenance of roads and communal areas, limited access to water, non-functional public lighting, and safety concerns at municipal clinics.
The Public Protector found that allegations the City had failed to provide basic municipal services in accordance with the Constitution and the law were substantiated.
Among its findings, the report concluded that the City had failed to conclude lease agreements with all residents of Langa Flats, adequately maintain sewer infrastructure and fire safety equipment, provide sufficient access to water in the SST-Marikana informal settlement, restore non-functional high-mast lights and improve safety measures at Mathew Goniwe and Town Two clinics. It also identified deficiencies in enforcing land-use by-laws, contributing to recurring infrastructure failures and unsafe living conditions.
"The municipality's failure to implement reasonable measures within available resources... establishes a pattern of conduct that falls squarely within the definition of improper conduct," the report states.
The report directs the City's municipal manager to improve water access in SST-Marikana, implement long-term rehabilitation plans for sewer infrastructure in Langa Flats and Khayelitsha, strengthen cleaning services, advance the regularisation of lease agreements and work with Eskom to restore electricity and public lighting in affected communities. It also recommends that the ministers of Finance, Human Settlements and Cooperative Governance review whether the current intergovernmental funding model adequately supports municipalities facing extensive infrastructure backlogs and growing informal settlements.
Responding to the findings, the City of Cape Town said it welcomed the report's acknowledgement of the work it had undertaken during the four-year investigation and noted that the Public Protector had also directed recommendations to National Treasury and the Department of Human Settlements.
"The City welcomes the Public Protector's emphasis that it has worked closely with her office to ensure all matters have been attended to," the municipality said.
The City said refuse collection, sewer maintenance and fire safety measures at the N2 Gateway rental housing development had already been addressed, while further infrastructure upgrades were planned. It said 94 valid lease agreements were in place, although 547 occupants had refused to sign agreements and 64 had declined to renew them, adding that legal action might be required to regularise occupancy.
The municipality also said the 10 families relocated from the SST-Marikana informal settlement had access to water and sanitation services, with an additional standpipe due to be installed by mid-July. It said electricity remained dependent on Eskom because the relocation site falls within Eskom's supply area. The City added that smoke detectors and CCTV cameras at Mathew Goniwe Community Day Centre and Town Two Clinic would be installed once planned renovations were completed.
"The City has collaborated and cooperated extensively with the Public Protector in this lengthy investigation in good faith, clearly demonstrating that it is already taking the necessary actions in the ordinary course of City operations to deal with the various complex challenges of informality and unlawful occupation," the municipality said.