Public Protector orders Cape Town to address long-standing service delivery failures

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Synopsis

 

The Public Protector has found that the City of Cape Town failed to provide basic municipal services to residents of Langa Flats and parts of Khayelitsha in accordance with its constitutional obligations, following an investigation that examined years of complaints about deteriorating infrastructure and inadequate service delivery. 

The report, titled Systemic Investigation into alleged failure by the City of Cape Town Metropolitan Municipality to provide basic municipal services in Langa Flats and Khayelitsha Township was released on 7 July 2026. It is the result of a 4-year investigation prompted by concerns raised during the Public Protector’s annual outreach visits to the Western Cape in 2022 and 2023. Residents described a range of persistent problems, including deteriorating sewer infrastructure, poor refuse collection, delays in repairing roads and water leaks. 

Public Protector, Kholeka Gcaleka said the investigation focused on whether residents of Langa and Khayelitsha were receiving essential municipal services in line with constitutional requirements.

Gcaleka said the investigation confirmed residents’ concerns, stating: The allegation that basic municipal services are not rendered in conformity with the Constitution and the law is substantiated,” adding that the situation amounted to maladministration and improper prejudice under the Public Protector Act”. 

The report paints a troubling picture of conditions faced by residents in some of Cape Town’s most vulnerable communities. According to the Public Protector’s findings, the City failed to adequately address issues including sewer overflows, water leaks, refuse removal challenges, poor maintenance of communal areas and inadequate public communication regarding redevelopment and service plans. 

Particular attention was given to conditions at Langa Flats, a City-owned residential complex originally built during the apartheid era to house black African male labourers. Today, the units are rented to residents who, according to complaints received during the investigation, have been paying rent without formal lease agreements in place. Residents also reported recurring sewer problems, overflowing sewage, potholes, poor maintenance of common spaces and a lack of clear communication from municipal authorities. 

The findings reinforce concerns that have been raised over several years. Reports dating back to 2019 documented complaints from residents about overflowing drains, blocked toilets, flooding, uncollected rubbish and overcrowded living conditions in City-owned hostels in Langa. 

As part of the remedial action, the Public Protector has instructed the City of Cape Town to take a series of steps within six months. These include submitting a detailed plan for signing lease agreements with residents, developing a sustainable long-term cleaning programme and continuing long-term sewer rehabilitation and repair projects. The City has also been directed to improve water, sanitation, cleaning services, lighting, lease administration and fire safety measures. 

The investigation also examined conditions in SST-Marikana, an area in Khayelitsha where residents raised concerns about deteriorating sewer systems, inadequate refuse removal, poor communication and limited access to basic services. 

The seriousness of infrastructure failures in the area was highlighted by reports that dozens of families were living above collapsing sewer pipes, while sinkholes had developed beneath and around homes. Following complaints, officials from both the Public Protector’s office and the South African Human Rights Commission conducted site visits. The City subsequently announced plans to relocate affected households to enable emergency sewer repairs to proceed. 

To address conditions in SST-Marikana, the Public Protector ordered the City to provide additional water points within 30 days, submit long-term sewer rehabilitation plans, restore high-mast lighting, engage Eskom regarding electrification, regularise lease agreements and improve fire safety at local clinic facilities. 

Oversight and accountability feature prominently in the remedial measures. The Public Protector directed the Western Cape MEC for Local Government to monitor the City’s compliance on a quarterly basis and to consider intervention should substantial non-compliance occur. 

The report also highlights broader questions about municipal capacity and infrastructure funding. Gcaleka recommended that the Minister of Finance work together with the ministers responsible for human settlements and cooperative governance, as well as the Western Cape government and the City of Cape Town, to assess whether the current funding framework adequately supports municipalities dealing with major infrastructure backlogs and the rapid growth of informal settlements. The assessment must be completed within six months, after which the Minister of Finance is required to report back to the Public Protector. 

While the City of Cape Town welcomed aspects of the report, it also argued that many improvement initiatives are already under way. Nevertheless, the Public Protector’s findings place renewed attention on long-standing service delivery challenges affecting residents in Langa Flats and parts of Khayelitsha and establish clear deadlines for corrective action. 

Gcaleka emphasized that the Public Protector’s office will continue to monitor implementation of the remedial measures.

For residents who have endured years of infrastructure failures and inadequate service delivery, the investigation represents an important step toward accountability and, potentially, meaningful improvements in living conditions.

The Public Protector’s report and the recent stinging South African Human Rights Commission (SAHRC) into the ongoing water, sanitation and wastewater crisis in Makana Municipality in the Eastern Cape, also illustrates that ordinary people are starting to use the Chapter 9 institutions to hold municipalities to account.

Read the Public Protector’s report on the Systemic Investigation into alleged failure by the City of Cape Town Metropolitan Municipality to provide basic municipal services in Langa Flats and Khayelitsha Township here.

 13 July 2026

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