- Black applicants were systematically excluded from shoreline leases despite making most of the applications.
- The Department of Water and Sanitation found to have breached rights to equality and dignity through unfair lease practices.
- Madibeng Municipality criticised for poor management, failure to enforce by-laws and inaction on land use.
The South African Human Rights Commission has delivered its final investigative report into allegations of racial discrimination in Hartbeespoort, confirming that black applicants were systematically excluded from leasing state-owned land along the dam shoreline.
The complaint came from the Hartbeespoort Community Development Initiative, which represents black residents. They argued that their applications to lease land were ignored, while white occupants continued to benefit. The Commission found that, until recently, the majority of lease applications came from black applicants, yet only one was approved, compared to two approvals for white applicants and one for a mixed-race entity.
According to the report, the Department of Water and Sanitation violated constitutional rights by prioritising existing, mostly white occupants, and revoking Permissions to Occupy without fair processes. The Commission stated that, by revoking Permissions to Occupy without due process, the Department of Water and Sanitation violated the applicants’ rights to equality, dignity, and fair administrative action.
Failures of Madibeng
Women, especially black women, were found to be disproportionately left out of the dam economy. The Commission underlined that this exclusion represents indirect racial and gender discrimination, contradicting the Department’s duty to promote change.
The investigation also uncovered poor management by Madibeng Local Municipality. “The Commission observed that Madibeng failed to process planning and licensing applications, finalise and enforce by-laws, and fulfil commitments to conduct land audits,” the report reads. “These shortcomings, while not racially motivated, worsened tensions, hindered legitimate businesses, and undermined progress in Hartbeespoort.”
Black residents told the Commission that white occupants were allowed to develop properties without the required permissions, while black businesses faced harassment and unfair scrutiny. One resident described this as the misuse of noise complaints against black establishments, while white venues that caused noise were ignored.
Racial tensions and violence
The investigation took place amid rising racial tensions in the town. The burning of Bubbles, a black-owned recreational venue, deepened the divisions. The owner, Thabiso Mathibedi, claimed that unnamed white residents were responsible. Although the Commission could not support the arson claims, due to a lack of evidence, it noted that the incident increased mistrust and hostility.
Stakeholder discussions revealed deep rifts. Black residents talked about historical racial bias in land allocation and racially motivated physical attacks. White residents denied systemic racism, attributing the tensions to management failures, and feeling frustrated at being labelled as racist.
Police allegations
The Commission also looked into claims that the South African Police Service was involved in racial bias. While black residents asserted that SAPS did not investigate complaints against white residents, the Commission found that allegations of systemic racism against SAPS were unproven. SAPS provided evidence of ongoing investigations and prosecutions, including the conviction of a white resident for pointing a firearm at a black neighbour.
Commission directives
In its directives, the Commission ordered the Department of Water and Sanitation to finalise its updated lease policy and transformation plan, process pending applications, review previously cancelled Permissions to Occupy, and conduct a full audit to regularise occupancy.
Madibeng Municipality was told to clear its backlog of planning and business licence applications, finalise and publish outstanding by-laws, develop a transformation plan for Hartbeespoort, and ensure fair enforcement of regulations.
The Commission warned that failure to comply could lead to legal action. It concluded that these measures are essential to tackle deep-rooted exclusion, promote true equality, and restore trust in public institutions.
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