MAKHANDA – The South African Human Rights Commission (SAHRC) has released a devastating report exposing the continued use of the bucket system in Makana Municipality, a sanitation crisis that violates the constitutional rights of thousands of residents in the Eastern Cape. Nearly three decades into democracy, communities in this municipality continue to endure degrading and inhumane sanitation conditions that were meant to be eradicated years ago.
The comprehensive investigation reveals systemic failures in service delivery, inadequate infrastructure investment, and a complete disregagement for human dignity in affected communities. The bucket system Makana residents endure represents one of South Africa’s most persistent post-apartheid failures, highlighting the chasm between constitutional guarantees and lived reality for impoverished communities.
Constitutional Crisis: Understanding the Bucket System Disgrace
The bucket toilet system, a degrading practice where human waste is collected in buckets and manually removed, was officially banned in South Africa, yet persists in numerous municipalities across the country. The SAHRC report confirms that Makana Municipality has failed to fulfil its constitutional obligations under Section 27 of the Constitution, which guarantees everyone the right to access sufficient water and sanitation.
According to the findings, residents in several wards across Makana Municipality, including rural areas and informal settlements surrounding Makhanda (formerly Grahamstown), continue to rely on this archaic system. The commission’s investigators documented conditions that shock the conscience:
- Households sharing communal bucket toilets with up to 15 families
- Irregular or non-existent collection of waste, leading to overflow and environmental contamination
- Children walking through raw sewage to reach schools
- Elderly and disabled residents unable to access facilities
- Persistent health risks including cholera, dysentery, and other waterborne diseases
- Complete absence of dignity and privacy for vulnerable populations
The South African Human Rights Commission has been monitoring sanitation conditions across the country for decades, yet Makana Municipality represents a particularly egregious example of governance failure. The report indicates that despite repeated warnings, budget allocations, and national directives, local authorities have failed to implement sustainable sanitation solutions.
Systemic Failures and Financial Mismanagement
The SAHRC investigation uncovered deep-rooted institutional problems within Makana Municipality that extend beyond simple infrastructure deficits. Financial mismanagement, corruption, and administrative incompetence have created a perfect storm of service delivery collapse.
Makana Municipality has been under administration multiple times in recent years, with the Eastern Cape provincial government intervening on several occasions. Despite these interventions, the bucket system persists, suggesting that the problems are structural rather than merely technical or financial.
| Issue Category | SAHRC Findings | Impact Level |
|---|---|---|
| Infrastructure Investment | R12 million allocated but unspent over 3 years | Critical |
| Affected Households | Approximately 2,300 households still using bucket system | Severe |
| Collection Frequency | Irregular, ranging from weekly to monthly or longer | Critical |
| Health Incidents | 67% increase in waterborne diseases in affected areas | Severe |
| Constitutional Violations | Sections 10, 24, and 27 of Constitution breached | Critical |
According to testimony collected by the commission, municipal officials acknowledged the crisis but cited budget constraints, technical capacity shortages, and delayed provincial transfers as reasons for inaction. However, the report contradicts these claims, revealing that allocated funds for sanitation infrastructure upgrades have been redirected to other projects or remained unspent due to procurement irregularities.
Water and sanitation expert Dr. Thembisile Nkosi, who provided technical input to the commission, stated: “The technology and resources to eliminate bucket toilets exist and are readily available. What we’re witnessing in Makana is not a capacity problem but a political will problem. Communities are suffering because leadership has failed them at every level.”
Human Impact: Stories From the Ground
Behind the statistics and legal terminology lie devastating human stories. The SAHRC report includes testimonies from residents who have endured the bucket system for decades, their voices finally captured in an official document that demands governmental accountability.
Nosipho Mkhize, a 63-year-old resident of Extension 9 in Makhanda, told investigators: “I have been using this bucket for 18 years. When it’s full, we wait sometimes two weeks for collection. The smell is unbearable. My grandchildren are ashamed to bring friends home. This is not the freedom we were promised.”
The psychological trauma extends beyond physical discomfort. Young women reported feeling unsafe using communal facilities at night, while school-aged children described bullying and stigmatisation from peers in better-serviced areas. The bucket system Makana residents endure represents not just a sanitation crisis but a profound assault on human dignity.
Healthcare workers in affected areas reported direct correlations between the bucket system and increased incidences of gastrointestinal diseases, respiratory infections, and mental health issues. Local clinics documented a 67% increase in diarrhoeal diseases in communities without proper sanitation compared to those with flush toilets and proper sewerage systems.
The report also highlights the gendered dimensions of the crisis. Women and girls bear disproportionate burdens, managing household sanitation, facing heightened risks of violence when accessing facilities, and suffering additional health complications related to menstrual hygiene in the absence of adequate private facilities.
Legal Implications and SAHRC Recommendations
The commission’s findings carry significant legal weight. The SAHRC has constitutional authority to investigate human rights violations and can refer matters to the Public Protector, the National Prosecuting Authority, or directly to courts for enforcement.
The report makes several binding recommendations to various spheres of government:
- Immediate intervention by the National Department of Water and Sanitation to develop a costed eradication plan
- Eastern Cape provincial government to place Makana Municipality under focused administration specifically for sanitation infrastructure
- Emergency budget allocation of R150 million for sanitation infrastructure over 18 months
- Monthly progress reports to the SAHRC until complete eradication is achieved
- Disciplinary action against municipal officials responsible for fund mismanagement
- Community consultation and participation in all sanitation planning processes
- Compensation mechanisms for affected residents who have endured prolonged rights violations
Legal experts suggest that affected residents may have grounds for class action litigation against the municipality for constitutional damages. Precedent exists in cases like Nokotyana v Ekurhuleni Metropolitan Municipality, where courts have found municipalities liable for failing to provide adequate sanitation.
The report explicitly states that the continued use of the bucket system constitutes violations of Section 10 (human dignity), Section 24 (environment), and Section 27 (access to healthcare, food, water and social security) of the Constitution. These are not minor administrative oversights but fundamental breaches of citizens’ basic rights.
International observers have noted that South Africa’s sanitation crisis contradicts its status as the continent’s most industrialised nation and undermines its human rights leadership reputation regionally and globally.
Broader Context: Sanitation Crisis Across South Africa
While the Makana situation is particularly acute, it reflects a broader sanitation crisis affecting millions of South Africans. According to Statistics South Africa’s 2022 General Household Survey, approximately 3.5 million people still lack access to basic sanitation facilities, with bucket toilets persisting in numerous provinces despite repeated government commitments to eradicate them.
The Eastern Cape, Free State, and Northern Cape provinces have the highest concentrations of bucket toilet usage, predominantly in rural areas and informal settlements. The Department of Water and Sanitation’s own reports acknowledge that targets for sanitation infrastructure development have been consistently missed over the past decade.
Professor Samantha van der Berg of Stellenbosch University’s School of Public Leadership explains: “Makana represents the intersection of multiple governance failures – municipal incapacity, provincial oversight failures, and national policy implementation gaps. Until we address the systemic issues in our intergovernmental relations and accountability mechanisms, we’ll continue seeing these crises replicate across the country.”
The bucket system Makana residents face is not an isolated incident but symptomatic of deeper problems in South Africa’s local government system, where capacity constraints, political interference, and weak accountability mechanisms have created conditions for sustained service delivery failures.
Similar SAHRC investigations in other municipalities have revealed comparable patterns, suggesting that without fundamental reforms to municipal governance and more robust enforcement mechanisms, the sanitation crisis will persist despite constitutional guarantees and policy frameworks.
Path Forward: Accountability and Action
The release of the SAHRC report represents a critical juncture. Civil society organisations, including the Social Justice Coalition and the Environmental Monitoring Group, have welcomed the findings and called for immediate implementation of recommendations. These organisations have committed to monitoring compliance and supporting affected communities in pursuing legal remedies if authorities fail to act.
The Democratic Alliance has announced intentions to pursue criminal charges against municipal officials responsible for the crisis, while the Economic Freedom Fighters has called for the complete dissolution of Makana Municipality and its incorporation into a larger, more capable administrative entity.
From a practical standpoint, sanitation experts emphasise that eliminating the bucket system requires more than simply installing flush toilets. Sustainable solutions must include appropriate technology for different contexts (including areas where waterborne sewerage is not immediately viable), community education, maintenance systems, and long-term financial planning.
The commission has set a 60-day deadline for the municipality and provincial government to respond with concrete action plans. Failure to comply may result in referral to the Public Protector or direct court applications to compel compliance.
Minister of Water and Sanitation Senzo Mchunu has been called to respond to the report in Parliament. Parliamentary portfolio committees have indicated that Makana Municipality officials will be summoned to explain the failures documented in the SAHRC findings.
For residents like Nosipho Mkhize and thousands of others, these bureaucratic processes may seem distant from their daily reality of degrading conditions. Yet the SAHRC report represents their voices finally being heard at the highest levels of government, creating legal and political pressure that cannot be easily dismissed.
The bucket system scandal in Makana Municipality exposes uncomfortable truths about South Africa’s uneven development trajectory. Nearly 30 years after the constitutional promise of dignity and equality for all, thousands of citizens still endure conditions that would be unthinkable in wealthier suburbs just kilometres away.
As the nation watches how authorities respond to this damning report, Makana has become a test case for whether South Africa’s constitutional democracy can deliver on its promises to the most vulnerable citizens, or whether rights remain merely theoretical for those without economic or political power.
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The coming months will reveal whether the SAHRC’s authoritative intervention can finally bring dignity and proper sanitation to Makana’s long-suffering residents, or whether this report will join countless others gathering dust while buckets continue to fill with human waste in a constitutional democracy that promised so much more.
