The Municipal Accountability in Service Delivery: Featherbrooke Homeowners Association v Mogale City Local Municipality

Abstract

In the case of Featherbrooke Homeowners Association NPC v Mogale City Local Municipality the Johannesburg High Court presided over a matter which considered the role of municipal accountability in stormwater management. Schedule 4B of the Constitution of the Republic of South Africa, 1996 provides for basic municipal services such as stormwater management. Schedule 4B outlines other functional areas linked to promoting the right to an environment that is not harmful to one's well-being. These constitutional rights are often infringed upon, and the courts must decide to what extent local government is responsible for the alleged infringements. The courts must further decide to what extent local government accountability can be enforced through structural interdicts. This note contemplates the role of municipal accountability and responsibility in the pursuit of adequate service delivery in urban areas. It highlights the role of legislative interpretation in constitutional matters that relate to government accountability and overlapping mandates. It argues that state entities often shift the blame for their responsibilities. Furthermore, it evaluates the challenges of enforcing municipal accountability in service delivery and argues that public participation plays a key role in holding local government accountable for the delivery of such services.

Keywords

• local government
• basic service delivery
• municipal accountability
• storm water management
• right to the environment
• public participation