A new report by the South African Human Rights Commission (SAHRC) has delivered a damning assessment of the Department of Water and Sanitation’s (DWS) management of land leases at Hartbeespoort Dam.
The report has confirmed years of complaints about discrimination, administrative failures and deepening racial tensions in the North-West tourism hub.
‘Only two black applicants granted leasing rights in 10 years’
The SAHRC has found that the DWS failed to address persistent racial and gender disparities in the allocation of state-owned land around Hartbeespoort Dam – a lapse that amounted to unfair discrimination and violations of constitutional rights.
The investigation followed complaints from the Hartbeespoort Dam Development Initiative and other residents, who alleged that black applicants had long been sidelined in favour of white leaseholders.
According to the complaint, only two black applicants were granted occupancy rights over the past decade.
During the inquiry, the Department conceded that discriminatory patterns existed, but attributed them to pre-1994 practices it had never corrected.
SAHRC Commissioner Tshepo Madlingozi said the Department’s own leasing protocol was unequal, yet little action was taken.
This omission, he stressed, was itself a form of unfair discrimination under the Promotion of Equality and Unfair Discrimination Act.
Fuelling racial tension at Hartbeespoort
Beyond lease allocations, the report highlighted broader governance failures. The Madibeng Local Municipality was found to have neglected key responsibilities, including enforcing noise, planning and building by-laws at Hartbeespoort.
These lapses worsened relations between black and white residents, particularly after a spate of racially-charged incidents in 2024.
The SAHRC also criticised the DWS for revoking Permissions to Occupy (PTOs) without due process, denying affected individuals their right to fair administrative action.
To correct these failures and rebuild trust, the commission issued several directives:
- The DWS must adopt its revised lease policy within 180 days and develop a transformation plan with clear targets.
- All revoked PTOs must be reviewed within 90 days, with reinstatements where justified.
- Complaints involving corruption or maladministration should be referred to the Public Protector.
- Unresolved criminal matters must be escalated to the SAPS.
