The Impact On Infrastructure Theft And Vandalism On The Basic Human Rights To Communities

Posted: 22 March 2023

Human Rights Day that is commemorated annually on 21 March is to remind South Africans about the sacrifices that accompanied the struggle for the attainment of democracy in South Africa. The South African Constitution is hailed as one of the most progressive in the world and is the ultimate protector of all South Africans' Human Rights. However, with all the challenges currently facing the country it important to reflect on wide ranging issues that impact human rights.

The Constitution of the Republic of South Africa, 1996 provides that all the citizens of the republic have a right to water, property, electricity, freedom of movement and right to freely engage in economic activities. Infrastructure vandalism and theft threatens these integral Constitutional rights of South Africans.
In the past years South Africa has experienced a huge spike in vandalism and theft of public infrastructure, and some of the ways that infrastructure vandalism and theft has impacted on basic human rights include:

• Communities and individuals not having access to basic services as infrastructure vandalism and theft has resulted in the destruction of critical infrastructure, such as water supply systems, electricity grids, and transportation networks; making it difficult or impossible for people to access basic services, such as clean water, healthcare, and education.

The Rand West City in Gauteng reported that "cable theft in 2021 led to power outages in five suburbs, with one suffering from a loss of water as well. In one case, thieves stole 80 meters of medium-voltage cable, leaving the affected communities without lights for 18 hours''. As result, human rights to have access to water and electricity were violated.

• Infrastructure vandalism and theft has also impacted people's freedom of movement, as there has been a severe disruption to the transportation networks making it difficult for people to travel to work, school, or other essential destinations. This may be viewed as having a negative impact on people's ability to earn a living and participate in social and cultural activities.

During the 2020 Covid 19 lockdown rail infrastructure was hugely impacted by infrastructure vandalism and millions of commuters were left stranded without transport. According PRASA infrastructure vandalism and theft led to millions of commuters stranded without affordable transportation. PRASA estimated that taxis charge around 2,5 times the rail fare.

• Further, infrastructure vandalism and theft has also impacted people's right to property - as often seen in protests where there has been damage or destruction of private property and businesses. This often has a negative impact on people's livelihoods and economic well-being.

Section 152 of the constitution provides that municipalities must ensure the provision of services to communities in a sustainable manner and to promote social and economic development . However, due to infrastructure vandalism and theft, municipalities are impeded from providing services to communities as mandated by the constitution. Effective service delivery in local government is largely dependent on infrastructure and any disruptions caused by infrastructure theft and vandalism has an impact on economic value chain.

In statement release in February 2023, the Gauteng legislature Portfolio Committee on Community Safety stated that "State Infrastructure has a strategic role to play in the economic recovery and growth South Africa currently needs. Any damage or theft of infrastructure amounts to economic sabotage".

• Section 11 of the Bill of Rights guarantees that everyone in South Africa the right to life . There are numerous cited incidents where, due to the theft of road infrastructure, example traffic lights and signage have led to vehicle accidents that have resulted in injury and/or loss of life.

Overall, Infrastructure vandalism can have a significant impact on human rights, as it can result in the disruption or denial of essential services that people rely on for their daily lives and should be condemned and prevented whenever possible. SALGA is currently working with government departments and, through its members, with communities to protect municipal infrastructure to ensure that people have access to essential services and basic rights.