A justice perspective of water and sanitation service delivery : a case-study of water vulnerabilities in three sub-standard settlements of eThekwini Municipality, South Africa : combined with an analysis of eThekwini W

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A Justice Perspective of Water and Sanitation Service Delivery:

A case-study of water vulnerabilities

in three sub-standard settlements of eThekwini Municipality, South Africa; combined with an analysis of eThekwini Water and Sanitation Unit’s

“official” channels of participation

Keywords: water vulnerability; justice; participation

Name: Bonang Lewis

Programme: International Development Studies, Research Masters Date of Submission: 30th June 2012

Supervisor: Michaela Hordijk

Country Supervisor: Cathy Sutherland

Word Count: 35235 (excluding headings, footnotes, tables, figures and references)

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List of Figures

FIGURE 1: MAPS LOCATING THREE CASE-STUDY SETTLEMENTS ... 12

FIGURE 2: HISTORICAL TIMELINE OF IMPORTANT POLICIES AND LEGISLATION IN SOUTH AFRICA 14 FIGURE 3: WATER USE ACROSS DIFFERENT ECONOMIC SECTORS ... 19

FIGURE 4: MAP OF ETHEKWINI MUNICIPALITY DEPICTING THE URBAN DEVELOPMENT LINE ... 23

FIGURE 5: GOOGLE MAPS VIEW OF OCEAN DRIVE IN ... 27

FIGURE 6: GOOGLE MAPS VIEW OF RUSSIA ... 30

FIGURE 7: GOOGLE MAPS IMAGE OF MAGWAVENI ... 33

FIGURE 8: ARNSTEIN'S LADDER OF CITIZEN PARTICIPATION ... 45

FIGURE 9:CONCEPTUAL SCHEME ... 51

FIGURE 10: ILLUSTRATION OF TWO-STAGE RESEARCH PROCESS ... 52

FIGURE 11: DEMOGRAPHICS OF THREE CASE-STUDY COMMUNITIES ... 62

FIGURE 12: PERCEPTION OF GOVERNMENT ASSISTANCE ... 82

FIGURE 13: LEVEL OF SATIFACTION WITH ETHEKWINI WATER AND SANITATION ... 82

FIGURE 14: ANALYSIS OF EWS FOCUS GROUPS ... 96

List of Tables

TABLE 1: DIFFERENTIATED WATER AND SANITATION SERVICE PROVISION ... 25

TABLE 2: DIFFERENTIATED WATER AND SANITATION SERVICE PROVISION ... 25

TABLE 3: DIFFERENT SERVICES ACROSS DIFFERENT CASE-STUDY SETTLEMENTS ... 26

TABLE 4: SUMMARY COMPARISON OF NITI AND NYAYA ... 41

TABLE 5: SUMMARY OF KEY CONCEPTS AND THEIR DIMENSIONS ... 49

TABLE 6: METHODS MATRIX ... 53

TABLE 7: COMMUNITIES' SELF-REPORTED EXPERIENCES OF WATER VULNERABILITIES ... 60

TABLE 8: WATER VULNERABILITIES - RESPONSIBILITY OF ETHEKWINI WATER AND SANITATION .. 69

TABLE 9: SUMMARY OF WATER VULNERABILITIES (SOCIAL SENSITIVITIES) ... 70

TABLE 10: WAYS IN WHICH GOVERNMENT HAS ASSISTED COMMUNITIES ... 83

TABLE 11: WAYS IN WHICH GOVERNMENT SHOULD ASSIST COMMUNITIES ... 83

TABLE 12: SUMMARY TABLE - OVERVIEW OF FOCUS GROUPS AND USER PLATFORMS ... 100

TABLE 13: PARTICIPATION WITHIN "EXISTING STRUCTURES"... 107

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Acknowledgements

This thesis is the culmination of two years’ work, spanning over two continents, involving countless moments of confusion, frustration, and doubt; coupled with critical moments of clarity, focus and pride; and undoubtedly one of the best learning experiences of my life; for which I have a long list of people to thank.

To the students in my cohort (UvA, ResMA IDS, 2013) - who have truly shared this experience with me from beginning to end - thank you for your feedback, support and advice along the way. Thank you also to all the teaching staff within the department who helped prepare us for the field. This strong foundation allowed me to enter the field with the necessary amount of confidence and certainty.

Thank you to my local supervisor, Cathy Sutherland, who gave so much of her time during my fieldwork in South Africa. I was so blessed to have such a caring and supportive supervisor, who instilled more confidence in me than anyone else.

Di Scott, thank you for reassuring me that self-doubt is not always a bad thing.

Thank you so much to Sibongile Buthelezi, who was my Zulu translator for all my community level interviews. I could not have hoped for anyone better, you are a great teacher and friend. Thank you also to the contacts in the community who helped us with finding respondents – Gogo (Sylvia), Nthuthuko, S’Khumbuzo, and Thabsile. Thank you also to Paula who was very efficient and open with providing the necessary information.

Thank you to the Centre for Civil Society (UKZN) – Patrick, Shauna, Helen and Delwyn - for helping me gain access to interviewees for my research. Your assistance was invaluable.

From eThekwini Water and Sanitation, thank you very much to Mandla, Makhosi and Bongani. You always made me feel so welcome, and I really appreciate all the information that you provided.

To my supervisor, Michaela Hordijk, thank you for the many hours you have spent reading, commenting and advising me on my work. There is probably no other individual who has contributed as much to the writing process as you have. Thank you for telling it straight.

Thank you to my family, for your offers of support and good wishes. Limpho, thanks for listening to my whinging and telling me to get a grip when I took it too far.

And last, but not least, thank you Dafydd, for putting up with all my moods, which no one else had to deal with. I am sure you know that I could not have done this without you. You have helped me in every way you could and more!

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Acronyms

AIDS Acquired Immune Deficiency Syndrome ANC African National Congress

CCS Centre for Civil Society DA Democratic Alliance

DWA Department for Water Affairs (post-2009)

DWAF Department for Water Affairs and Forestry (pre-2009) EMA eThekwini Municipal Area

EWS eThekwini Water and Sanitation Unit FBS Free Basic Sanitation

FBW Free Basic Water

HIV Human Immunodeficiency Virus IDP Integrated Development Plan IFP Inkatha Freedom Party KZN KwaZulu-Natal

NGO Non-governmental Organisation

RDP Reconstruction and Development Programme RCV Raising Citizens’ Voice (Training)

TB Tuberculosis

UD Urine Diversion (Toilet) UDL Urban Development Line UKZN University of KwaZulu-Natal

VCM Volunteer Community Member (committee) VIP Ventilated Improved Pit (Latrine)

WHA Westcliffe Housing Association

WIN-SA Water Information Network South Africa WSA Water Services Authority

WSDP Water and Sanitation Development Plan WSP Water Services Provider

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Chapter 1: Introduction

South Africa provides a unique and interesting example of a country where water and sanitation are conceptualised as a basic human right (Mehta, 2006:18). This commitment to citizens’ rights to water and sanitation is stipulated in the South African Constitution (Act 108, 1996) and is duly supported by various other legislation and policies (refer to box 1).

Despite this strong institutional support for citizens’ rights to water and sanitation, much of the literature1 on water governance in the South African context has taken quite a critical stance; making reference to a number of problems in water and sanitation service delivery. The identified problems include: unfair pricing mechanisms beyond the Free Basic Water (FBW)2 supply; debt recovery schemes which undermine citizens’ rights to water; a system of indigency which locks in segregation; the provision of differentiated services between the rich and the poor; and the risk of health-related problems resulting from inadequate water and sanitation. Given that these problems are an issue of rights, inequality and fairness, they have tended to be framed as injustices; and for this reason it is interesting to take a justice perspective of water and sanitation service delivery.

The irony is that all of these identified injustices in water and sanitation service delivery are in spite, or as a result, of policies aimed at providing universal and equitable access to water and sanitation. In an attempt to understand this gap or paradox between progressive policies

1 This background literature will be dealt with more closely in section 1.1 of chapter 1 (Relevance of Research Topic) and chapter 2 (Background to Research Context) (Examples include: Bailey & Buckley, 2005; Bond 2004b, 2010a, 2010b, 2011a, 2011b; Bond & Dugard, 2008; Dugard, 2010a, 2010b; Francis, 2005; Hemson & Dube, 2004; Loftus, 2005, 2006a, 2006b, 2007, 2009, 2012; Loftus and Lumsden, 2008; McDonald & Pape, 2002; McDonald et al., 2005; Mottair et al. 2011; Muller, 2007; Nojiyeza et al., 2008; Pillay et al., 2006)

2 The Free Basic Water (FBW) policy was pioneered in eThekwini Municipality in 1998. This became national policy in 2001, in order to realise citizens’ right to water. Through this national policy indigent households are provided with a FBW supply of 6kl/household/month, however since 2008 eThekwini provides indigent households with an increased level of FBW = 9kl/household/month

Box 1:

Important Legislation and Policy

in Water and Sanitation Service Delivery

• National Water Act (36 of 1998) which deals mostly with managing and protecting the water resource

• Water Service Act (108 of 1997) which deals with providing water supply and sanitation services to the people

• Strategic Framework for Water services, which details the approach to the provision of water services in South Africa

• The Municipal Systems Act (32 of 2000) which highlights the duties and responsibilities of municipalities

• Principles of “Batho Pele” - to guide and improve service delivery from public servants

[Source: Adapted from eThekwini Municipality’s Raising Citizens Voice Training - Module 1: Know your Rights]

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(on paper) and practical problems (on the ground), this thesis will explore citizens’ perceptions and responses to problems in water and sanitation service delivery.

This thesis also seeks to understand how citizens’ concerns are incorporated/excluded from “official”3 channels or participation which are aimed at creating more socially just outcomes in water and sanitation service delivery. This objective is informed by the literature which suggests that better informed policies – achieved through citizen participation – are likely to lead to more socially just outcomes (Fung & Wright, 2003; Mohan & Stokke, 2000).

The post-apartheid government has recognised the importance of participation, and has made attempts to implement this practice within decision making processes at various levels of government. The 2000 Municipal Systems Act stipulates that ‘the local community [is] to be consulted on their development needs and priorities’ (South Africa 2000:29.1.b). In response to this legislation, eThekwini Water and Sanitation (EWS) have establishment two channels of participation, aimed at: creating better partnerships between different stakeholders; providing citizens with the opportunity to influence decision making processes; and providing a better tool for them to understand their customers. Despite these pioneering efforts very little is known about the effectiveness of these channels of participation (Tissington, 2008: 68).

This thesis therefore has two objectives: (1) to explore the paradox – progress/innovation versus problems/injustice – of water and sanitation service delivery in eThekwini; (2) as well as to contribute to the identified knowledge gap regarding the functioning of EWS’s two channels of participation.

These objectives will be achieved by addressing the following research question:

How do citizens (of three sub-standard settlements in eThekwini) perceive and rework notions of (in)justice in light of their experiences and adaptation to water vulnerabilities, and in seeking justice to what extent are their concerns included (or excluded) from “official” channels of participation which are designed to address the problems they face?

3 This thesis is focusing specifically on eThekwini’s two “official” channels of participation – Focus Groups and User Platforms – explained further in chapter 6. The term “official” is used to denote that these are channels of participation initiated by the state (EWS). This clarification also notes that other channels of participation exist as means for citizens to engage with the state. For the purposes of this research, and to avoid repetition, reference to “channels of participation” is referring specifically to “official” channels of participation.

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As already indicated, this research has been conducted in Durban (eThekwini), not only because of its unique implementation of these channels of participation, but also because within this case-study the identified injustices occur against the backdrop of a highly progressive and innovative water and sanitation department4 (see box 2 for further information).

Sen’s Idea of Justice (2009) will provide the main theoretical framework used for addressing the research question; thereby guiding the decision to address both perceptions of justice, as well as how these different notions of justice are deliberated through participatory processes.

This research also uses the concept of water vulnerabilities, which aims to capture the multi-dimensional aspect of water related problems.

The following section will discuss the relevance of the research topic, justifying the choice of context, topic and theoretical framework. This chapter will conclude with a presentation of the research questions and an outline of the thesis chapters to follow.

1.1 Academic and Social Relevance

Context: Why eThekwini?

The context of the case-study is Durban, or more specifically eThekwini Municipality, of which Durban is the main city. This case-study city was chosen for a number of reasons. Firstly, since 2000 responsibility for water and sanitation service delivery has been decentralised to municipal governments, thereby justifying the proposed analysis of policy processes at the city level. Secondly, Durban is an important South African city, positioned as the third largest South African city with a population of approximately 3.5 million people

4 EWS is well known for its strong leadership and for its innovative approach to water services provision, for which it has won many national and international awards, including two United Nations award for improving service delivery (2007) and best practice (2011) (Sutherland et al., 2012: 18)

Box 2: eThekwini Water and Sanitation - Innovation:

The following list of innovations were first introduced to South Africa within the eThekwini Municipality:

• Free Basic Water • Flow limiters

• Use of plastic bodied water meters • Polypropylene water piping • Ground tanks

• Semi-pressure water service levels • Urine Diversion toilets

• Anaerobic baffled reactors

• Use of grey water for urban agriculture • Customer services agents

• Condomial sewerage

• Customer water debt repayment policy

[Source: Adapted from eThekwini Municipality’s Raising Citizens Voice Training - Module 1: Know your Rights]

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(eThekwini Municipality, 2011a: 16). Thirdly, and most importantly, the municipality has pioneered important policies such as the FBW supply (Muller, 2008), making it arguably the best case-study for researching water and sanitation policy processes. The municipality has been exemplar in many aspects of its policy making, and has the vision of becoming the most liveable city in Africa by 2020 (eThekwini Municipality, 2011a: 37). This research therefore has an instrumental purpose, in that it could potentially provide a better understanding of policy successes and failures within the municipality, which are critical to achieving their city vision.

Academically, the urban context is also particularly interesting within development studies. This is partly due to the rapid rate of urbanisation within developing countries, where Africa is said to have the fastest urban growth rate, with almost all of it taking the form of slum growth (Pieterse, 2010: 7-8). The literature has tended to frame “African cities” as “under-developed”, focusing on the problem of slums and poverty, rather than recognising their potential as spaces of innovation and reason (Mbembe & Nuttall, 2004, 2008). By broadening the focus of this research beyond poverty and policy failure, to also focus on EWS's progressive attempts to create dialogue between “citizens” and the “state”, this thesis aims to challenge the dominant western conceptualisation of under-developed “African cities”, and contribute to a body of literature which illustrates the dynamic and diverse nature of these city spaces (Robinson, 2006).

Topic: Why Water Vulnerability?

Water vulnerabilities are a well-researched topic in South Africa and specifically Durban. With previous empirical research focusing on participatory dialogue between customers and municipalities (Wilson et al., 2005; Galvin, 2011); the free basic water supply, pricing and water meters (Loftus, 2005; Bailey & Buckley, 2005; Mosdell, 2006; Muller, 2008); free basic sanitation (FBS) (Gounden et al., 2006); water law and policy (Malzbender et al., 2005; Francis, 2005; Stein, 2005); as well as water and health-related issues (Hemson & Dube, 2004; Bond 2010). This comprehensive body of literature points to the recognition of South Africa's and specifically Durban's waterscape as an important, dynamic and complex arena, where issues of inequality and service delivery are of central concern. As long as these water vulnerabilities persist, especially within a context where water and sanitation are fundamental human rights, further research into the topic remains a relevant and necessary pursuit (Swyngedouw, 2009:59). This thesis therefore aims to contribute to a more in-depth understanding of Durban's waterscape, by building on much of the work that has already

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been conducted, and narrowing down on citizens' (within sub-standard settlements) experiences, perceptions and responses to water vulnerabilities.

Theory: Why Justice and Participation?

The academic literature on water and sanitation policy has tended to focus on the commercialisation of water services and what effect this has on service delivery (Bakker, 2003, 2007). It would therefore be interesting to contribute to an understanding of whether or not the conceptualisation of water and sanitation as a human right is an effective means for reducing inequalities, and hence injustices in service provision5, particularly with regard to citizens' own recognition and perception of their rights and justice, and whether this can be linked to their participation in policy processes.

From an academic standpoint it is also interesting to study water from a social justice perspective. For example when focusing on the problem of access to water, it is noticeable that this is often conceptualised as a problem of scarcity requiring technical solutions, whereas in fact people also lack access to water because of poverty, inequality and government failure (UNDP, 2006). This thesis therefore aims to go beyond a conceptualisation of water and sanitation as environmental or technical problems, to incorporate an understanding of the social and political dimensions of water vulnerabilities (similar approach by Loftus, 2005).

Within the development studies literature, participation is seen as one of the best ways to create more socially just outcomes, particularly through its involvement of multiple actors within decision making processes, which present opportunities for creating: better informed policies; increased transparency and accountability of the state; an increased likelihood of fulfilling citizens’ rights; and an improved perception of governments’ legitimacy (CPP, 2005; Melo & Baiocchi, 2006; OECD, 2001 – cited in Aylett, 2010: 100). This research therefore chose to focus its analysis on EWS’s channels of participation. There has been limited research focusing on the functioning of these specific channels of participation (Tissington et al., 2008: 68). This research therefore aims to fill this identified knowledge gap, the findings of which will be translated into policy recommendations of societal relevance; whilst also contributing to the academic debate regarding the effectiveness of democratic participation.

5 A major contribution to such an understanding was made by the Municipal Services Project (MSP). This research project was conducted between 2000-2007, by a network of academics, civil society organisations and professionals; critically investigating alternatives to privatization. Relevant to this thesis, their research focuses on water and sanitation sectors in South Africa. From this research two important books on water and sanitation service delivery were published (McDonald & Ruiters, 2004; McDonald & Pape, 2002) which have been referred to within this thesis. For more information visit: http://www.municipalservicesproject.org/our-objectives#sthash.g8bjB3vn.dpuf

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1.2 Research Questions and Thesis Outline

Main Research Question:

How do citizens (of three sub-standard settlements in eThekwini) perceive and rework notions of (in)justice in light of their experiences and adaptation to water vulnerabilities, and in seeking justice to what extent are their concerns incorporated (or excluded) from channels of participation which are designed to address the problems they face?

Sub-questions:

1. What are citizens' experiences of water vulnerabilities, and how do they adapt to these?

2. Do citizens perceive these water vulnerabilities as an injustice?

3. What “official” channels of participation exist to enable citizens to influence policy processes?

4. How are citizens’ concerns – related to their perceptions of (in)justice – in/excluded from “official” channels of participation?

Thesis Outline:

These research questions will be addressed through the course of this thesis. The thesis initiates with an outline of the research context and background, which is explained in Chapter 2. The context is defined across time and space, from the national to the local level. Chapter 3, which follows, will outline of the theoretical framework, including a definition of the main concepts, how these relate to each other, and an explanation of why they are useful in answering the research questions. The methodology will then be addressed in Chapter 4, linking the theory to the empirical reality, and providing an explanation of what and how the primary and secondary data were collected and analysed. The analysis, which is informed by the theoretical framework and concepts, will then answer the sub-questions of the research across chapters 5 and 6. Chapter 5 will outline citizens’ experiences of water vulnerabilities, and whether they perceive them as an injustice, and chapter 6 will reflect on the channels of participation, and whether or not citizens’ concerns are incorporated into decision making processes. On the basis of this analysis Chapter 7 will provide a concluding discussion which will answer the main research question, present a summary of the empirical findings from the sub-questions, and also reflect on the theory, methodology, and contributions to the current literature and debate. To ensure the social relevance of this research, policy recommendations will also be made, as well as suggestions for further research.

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Chapter 2: Background on Research Context

Figure 1: Maps locating the three case-study settlements, from the national to municipal level

(Map modified from annex 1, Chance2Sustain Field Report WP4 (Sutherland et al., 2012))

The context of this research is eThekwini Municipality, situated in the province of KwaZulu-Natal in South Africa (see figure 1). Three case-study communities have been identified within the municipality – Ocean Drive In, Russia (KwaNgcolosi) and Magwaveni – which represent communities from different housing typologies across the municipality, namely: informal, peri-urban, and RDP6 housing. The locations of these case-study communities are located on the map above, which also positions eThekwini municipality within the broader context of South Africa.

This chapter will begin by providing an overview of South Africa's history, reflecting on the influences this has had on post-apartheid South Africa, namely in terms of: social inequality;

6 Reconstruction and Development Plan (RDP) housing was the post-apartheid government’s strategy to deliver a basic standard of housing to people living in inadequate/informal housing.

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water and sanitation service delivery; and democratic participation. This understanding of background and context, also aims to position this thesis within the existing academic literature on the research topic.

The subsequent section will provide a geographical outline of the research context, across the different scales, from the national to the local level. The chapter will then conclude with an overview of the three case-study communities.

2.1 Historical overview

The legacy of inequality:

South Africa is one of the most unequal countries in the world (Pieterse, 2010: 8), largely due to the legacy of apartheid and the colonial era before it, which meant that whites were systematically privileged over blacks, resulting in huge inequalities between the races in terms of the level of opportunities and services received.

When the African National Congress (ANC) came into power in 1994 it committed itself to reducing social inequalities, through policies such as those which promised universal basic service provision7. However, nearly two decades later there are still backlogs in the delivery of basic services such as water and sanitation (McDonald & Pape, 2002; EWS, 2011: 31; eThekwini Municipality, 2011:24) and by some measures inequalities are worse now than they were under apartheid (Seekings & Nattrass, 2005: 3).

Inequality can be defined as the unequal distribution and access to basic rights, services and opportunities. Within the academic literature, inequality in South Africa is most commonly approached using socio-economic indicators such as income and expenditure (e.g. Ozler, 2007; Seeking and Nattrass, 2005; Gelb, 2003; Liebbrandt et al. 1999; Liebbrandt et al., 2010; Klasen, 1997). The use of water vulnerabilities within sub-standard settlements, as a case-study for inequality8, therefore takes an unconventional approach to researching inequality, as this provides a physical indicator of inequality in contrast to traditional income-based, socio-economic indicators.

7 This commitment was initially laid down in the Reconstruction and Development Programme (RDP). To view this document see: http://www.polity.org.za/polity/govdocs/rdp/rdp.html

8 Intuitively inequalities are often researched by comparing and contrasting the best-off and worst-off members of a society. Given the time and resource constraints of this research project, the focus has been limited to the most vulnerable members of society (approach supported by: Sutherland et al., 2011: 6)

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Water and sanitation service delivery:

The management of South Africa's water resources has gone through a number of changes throughout its long history. During the pre-colonial era, water was managed under customary law, which meant that communities could freely use the natural resources available, under the guidance of their local chief.

During the colonial period - which can be divided between the period of Dutch rule and British rule - Dutch-Roman law and British law were applied to the management of the country’s water resources. These codified systems of governance differentiated between water as a public and private good, but most significantly tended to exclude the African communities from their jurisdiction, thereby creating a system of inequality between the races.

Though South Africa's history of inequality, is usually attributed to the apartheid period, the process of segregation actually began during the colonial period, with legislation such as the Native Land Act (27 of 1913) and the Development Trust and Land Act (18 of 1936), entrenching the system of segregation through the division of land between black and white people, as well as preventing Africans from owning land in their own right. Interestingly these pieces of legislation which enforced segregation, where invoked prior to the National Party's rise to power in 1948. The National Party formally introduced the apartheid system, and implemented further legislation such as the Group Areas Act (41 of 1950), which further controlled black people's access to land, and hence water.

What this strong history shows us is that the shift, from the pre-colonial to the colonial and then apartheid system, created a highly unequal society in terms of access to land, resources, and services9.

The effects of this system of inequality are evident in the figures which estimated that by the end of apartheid in 1994, out of a population of approximately 40 million people, 14 million lacked access to adequate water supply services and 21 million people were without adequate sanitation (DWAF, 2006: 4). In response to these challenges, following the first democratic elections in 1994, the White Paper on Water Supply and Sanitation was released.

9 This history of water services in South Africa is taken from a paper written by Tewari (2009) on the history of water rights in South Africa. Please refer to the reference list for this paper.

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Within this White Paper, basic water supply was defined as: a standpipe supply of 25l/capita/day, within 200m of their household, and with a minimum flow of 10l/second.

The establishment of the Constitution of South Africa in 1996, which included the Bill of Rights, marked the beginning of South Africa's conceptualisation of water as a human right, and not just as an economic good, as legislation had previously dictated. The Water Services Act followed in 1997, detailing the vision of local government responsibility for water services. This decentralisation eventually became possible through the process of local government restructuring, which began in 1998; coinciding with the release of the National Water Act, which aimed to ensure equitable access to water and sanitation.

In 2000 the implementation of the Free Basic Services policy finally fulfilled the vision of water and sanitation as a human right. This Free Basic Policy specified the provision of 25l/person/day, which translated as 6kl/household/month, which would be provided as part of the FBW policy. This Free Basic Policy also covered the cost of maintenance of a basic sanitation facility – normally understood as a Ventilated Improved Pit (VIP)10 toilet.

To assist local governments, who now had the responsibility for delivering Free Basic Services; municipalities received an “equitable share” grant from national government to cover the costs of the free services. Water Sanitation Development Plans (WSDP) also had to be developed by each municipality, outlining their development strategy for providing service delivery.

The passing of the Municipal Systems Act (Act 32 of 2000), was also instrumental in promoting participation within decision making processes; confirming that local governments' WSDPs were an integral component of the municipalities' Integrated Development Plans (IDP) - a process of participatory planning undertaken every five years at the local level, which aims to create a culture of planning within local government, which is both inclusive and accountable to the communities it serves.

In recent years a number of books and journal articles have been published, scrutinising and debating the effects of these post-apartheid policies on service delivery (McDonald & Pape, 2002; Pillay, Tomlinson & Du Toit, 2006; Alexander, McDonald & Ruiters, 2012). This thesis aims to contribute to this body of literature, which has so far emphasised the detrimental

10 A Ventilated Improved Pit latrine is a form of dry sanitation. EWS empty these pit latrines every 5 years free of charge to users. This system will eventually be phased out (EWS, 2011: 54)

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effects of the dominant cost-recovery model, which has commodified and ultimately infringed citizens’ rights to water and sanitation.

Democratic participation:

Throughout most of apartheid civil society were predominantly characterised as pro-apartheid and/or pro-business, with those who were critical of the state and the socio-economic system actively suppressed or marginalized from formal political processes (Habib, 2005: 4). This relationship changed after political liberalisation in the early 1980s, which allowed for the recognition and legalisation of independent black unions and the establishment of a political space that permitted the re-emergence of anti-apartheid civil society (ibid: 5). This latter characterisation of civil society is often associated with civil society in the apartheid era, demonstrating a “strong, vibrant and highly mobilised civil society” (Moodley, 2007; Mattes, 2002).

Within the post-apartheid era citizens have been accused of displaying low levels of community and political participation, not translating themselves into a strong civil society, and demonstrating limited mobilisation (Moodley, 2007; Mattes, 2002).

However, a plurality exists within the abstract and often unifying concept of civil society (Habib, 2005: 2-3). So, whilst some relationships between civil society and the state will be adversarial and conflictual, others will be more collaborative and collegiate (ibid).

In recognising the importance of civil society, the South African government has tried to implement various forms of political participation. With respect to water and sanitation service delivery, this requirement has been outlined in South Africa's National Water Act of 1998 and the Water Services Act of 1997, which both recognise the importance of public participation in order to achieve the goals of the water resource management strategy (DWAF, 2001: 10-13).

Another tool for ensuring a consistent and progressive approach to citizen participation has been the development of municipalities’ long term strategies (IDPs). The formulation of IDPs requires that public stakeholder workshops are held, as a process of consultation and participation, in order to engage local communities in their city’s development strategies (Heller, 2001; Smith and Vawda, 2003; Moodley 2007; Ballard, 2008; Aylett, 2010). In criticism of these participatory processes, Cheryl McEwan has written about the potential limitations of the “new spaces of citizenship” that have been created in South African politics

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through the process of decentralisation (2005). She warns that the process of governance risks “becoming an 'officialising strategy' used to domesticate participation and deflect attention away from other forms of political action” (McEwan 2005). Andrea Cornwall summarises these contrasting views on participation (2004), arguing that on the one hand they can be viewed as an exciting prospect for the practice of deliberative democracy, and on the other, there is a concern about participation being used as a form of co-option - “absorbing, neutralising and deflecting social energy from other forms of political participation” (Taylor, 1998 cited in Cornwall 2004: 1).

It is important to note that citizens’ engagement with the state is not only restricted to these new “invited” spaces of participation, but also extends to other forms of political action, encapsulated through the tactics used by various social movements, CBOs and activists. A range of tactics, such as – lobbying, court action, resistance, and social protests – allow citizens to engage or challenge the failures of the state. Some of this political action has been aimed at failures in service delivery, and have accordingly been referred to as “service delivery protests”.

Some activists in South Africa display a strong belief in the revolutionary potential of these social movements (Mottair & Bond 2012; Alexander, 2010; Pithouse, 2004; Desai, 2002). However, even some of the strongest proponents of active mobilisation have described these service delivery protests as having a “popcorn character” – rising quickly and immediately subsiding (Bond, 2010). This description, suggests that there is little cohesion and purpose behind the different protests. A characterisation which supports the idea that the poor are not directly challenging the state, but merely trying to achieve their immediate, concrete needs (Habib, 2005: 10). In sum, the argument here is that “a reaction to exclusion doesn’t necessarily equate to a revolutionary act” (Sinwell, 2011: 67). However, it is also important to recognise that the romanticisation of revolutionaries is an important part of the process of conscientisation, and helps to translate the immediate needs of the poor into political claims (Runicman, 2011). These social movements can also be seen as a vital counter-balance to the hegemonic power of the African National Congress (ANC), to promote the needs of the poor within the broader political agenda (Ballard et al. 2006).

In characterising the relationship between citizens and the state, it is evident that this is a complex, diverse and relevant issue. This thesis therefore aims to gain an understanding of the relations and interactions between citizens and the state. But rather than focusing on all forms of political participation, this thesis will simply concentrate on EWS’s two channels of participation.

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2.2 Geographical Overview

National Level:

South Africa is categorised as a middle income country, with a population of approximately 51.8 million people (StatsSA, 2012: 18). Figures show that over 30% of South Africa’s population live on less than $2.50/day, a measure widely considered as an indication of poverty (Republic of South Africa, 2010: 28).

Since 2000, the national government institutionalised the provision of free basic services, such as water and sanitation, in order to address the situation of inequality and poverty within the country. The implementation of the free basic service policies meant that across the country, 73.2% of indigent households received FBW and 52.1% received FBS (ibid: 25). As a result of these policies, 92.4% of the national population now has access to an improved drinking source, and 72.2% have access to an improved sanitation facility (ibid: 86).

The problem of access to water and sanitation is further compounded by the fact that South Africa is a water scarce country. Furthermore, the limited water resources need to be divided across a number of different users, as illustrated in figure 3. From this we can see that municipal/domestic water use, particularly in the urban context, is the second largest proportion of water use after agriculture/irrigation. Based on this understanding, the focus of this research, on urban domestic water use, is wholly justified.

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On a national level water and sanitation service delivery is regulated by the Department of Water Affairs (DWA)11. This department takes ownership of all the natural resources and is responsible for their protection and conservation. However, responsibility for water and sanitation service delivery has been transferred to the local level, where water services providers (WSPs) are responsible for the supply of bulk water, through their maintenance of water reservoirs and related infrastructure; and water services authorities (WSAs) are responsible for distributing this water to customers, and back to the rivers once it has been purified. In eThekwini, Umgeni Water12 provides the function of the WSP and EWS have the function of the WSA.

Municipal Level:

KwaZulu-Natal has the second largest population, of the nine provinces in South Africa, with approximately 10.3 million inhabitants (StatsSA, 2012: 19). eThekwini Municipality is the largest metropolitan area in KwaZulu-Natal; home to 33% of the province’s population (eThekwini Municipality, 2011a: 18). It is also the third largest metropolitan area in South Africa, with a population of 3.5 million (ibid.: 16), of which 41.8% are considered to be subjected to conditions associated with poverty (ibid.: 18). Based on municipal estimates from 2007, there are over 300 thousand households living in informal settlements in eThekwini (EWS, 2011: 30). Furthermore, Neil Macleod, the head of EWS, suggested that there were approximately 150 thousand new people moving into the municipality each year, which presents continual challenges to service delivery (presentation: 25/10/2012).

The eThekwini municipal area (EMA) spans an area of 2297km², and is characterised by its diverse topography, from steep escarpments in the west to a relatively flat coastal plain in the east. The landform incorporates 98km of coastline, 18 catchments and 16 estuaries, 4000 km of river, and 74 731 hectares of land identified as part of the Durban Metropolitan Open Space System, which supports a wide variety of terrestrial and aquatic ecosystems (eThekwini Municipality, 2011a: 16,20).

EMA has been divided into four spatial regions: north, south, centre, and outer west. This forms part of the Spatial Development Framework, and is used as a strategy to help manage service delivery across the municipality. Each region has different characteristics, which are

11 Prior to 2009 the Department of Water Affairs was known as the Department of Water Affairs and Forestry. For more information on this government department visit: http://www.dwa.gov.za/

12 This research did not focus its analysis on Umgeni Water. This actor was dealt with more in-depth in Claudia Meyer’s Master’s Thesis on water governance (2013). For further information on Umgeni Water, visit: http://www.umgeni.co.za/

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important to note. The focus of this research, on the community level, has been targeted to the north and outer-west regions of the municipality. This is because the north has been identified as an important region for the future growth of the city, with important developments taking place across the area (refer to box 3). The north also has a significantly large population, accounting for 31% of the total population of eThekwini (Stats SA Community Survey, 2007 cited in eThekwini Municipality, 2011a: 26). The outer-west covers a large area, representing approximately 34% of the municipal region and accommodating 16.5% of the total population of eThekwini. A large part (50%) of the area is covered by traditional authorities (ibid).

eThekwini Municipality also provides an interesting case because of its dual characteristics, as both an urban and rural context. The selection of the case-study communities also takes in to account these characteristics, which reflect the area’s apartheid legacy, most notably through the close proximity of the homeland of KwaZulu to the city of Durban. This duality is depicted in the map provided in figure 4, which shows the distinction between the areas of urban development, and those of rural development. This duality arose through the spatial restructuring of the city in 2000, through the Municipal Systems Act (2000), which incorporated the peri-urban/rural areas, with the urban core, known as the city of Durban. The rural and peri-urban areas occupy approximately 1500 km², located northwest and southwest of the Municipality. These areas are largely defined by their geo-spatial features, exhibiting: hilly, rugged terrain, dispersed settlement patterns in traditional dwellings, and communal land holding, which falls under the jurisdiction of the Ingonyama Trust13(eThekwini Municipality, 2012: 32).

13 These rural areas were previously (under apartheid) part of the KwaZulu Homeland, and are hence governed by traditional authorities – i.e. Nkosi and Nduna (the Chief and his headman). Ownership of the land now falls under the Ingonyama Box 3: Developments in North of Durban

 Nandi drive: The largest road project undertaken in eThekwini.

Facilitating access to the city for residents to the north of the city centre.(eThekwini Municipality, 2011b: 17)

 INK initiative: Inanda-Ntzuma-Kwamashu (settlements) programme

to accelerate development of communities in these areas (Ibid.)  Dube trade port: Export zone linking the airport to the ports in

Durban and Richard's Bay, providing a catalyst for economic development and sustainable job creation (Ibid.: 19)

 King Shaka International Airport: Integrated passenger and freight

airport (Ibid.)

 Bridge City: New town centre bridging the communities of Phoenix

and INK (Ibid.:22)

 Cornubia: A mixed use, mixed income development, championed

as the next major industrial area in the north of Durban. For more information, see:

http://www.cornubia.co.za/news/2011/nov/15/development-takes-off-at-scale-in-durban/

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The Urban Development Line (UDL) has been used as a tool to manage the development of the municipality in such a way as to account for the diversity between the urban core and the rural periphery. eThekwini Municipality defines the UDL as:

“a line demarcating the extent to which urban development will be permitted to be established within an urban development corridor or urban node. It is a line that will promote efficient, equitable and sustainable settlement form. The line indicates the outer limit of urban development within a corridor or node. The UDL implies that there is a rural hinterland different in character and servicing needs, and which supports different lifestyles and densities.” (eThekwini Municipality, 2012: 12)

The UDL is depicted as a blue line in map provided in figure 4; essentially dividing the municipality in such a way that legitimises the differentiation of services, based on the technical and financial implications of service delivery to the difficult to reach “hinterland”. This issue is discussed further in chapter 5.

Trust, who is responsible for the administration of this tribal land, on behalf of the communities who live there, under stewardship of the King (Goodwill Zwelithini kaBhekuzulu). There are 2.8 million hectares of “tribal land” in KwaZulu-Natal (Beall & Ngonyama, 2009: 13).

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Figure 4: Map of eThekwini Municipality depicting the Urban Development Line (Source: eThekwini Municipality, 2012: 99)

In an attempt to provide all citizens with a basic level of water and sanitation, EWS have implemented a differentiated system of service delivery. This differentiation of services resembles a three tier system14. In the case of water the following levels of services are provided: (1) communal standpipes within 200m of every household and/or ablution block15 facilities; (2) ground tanks16 (commonly referred to as grey tanks) or flow limited yard taps17;

14 This classification of water and sanitation service delivery into different tiers is reflected in EWS’s policies and practices (EWS, n.d(a): 5).

15 Ablution blocks are interim services provided to informal settlements by EWS. They consist of toilets, showers, and clothes washing facilities.

16 Ground tanks are a form of water provision provided to households in peri-urban areas. Individual tanks are provided to all households. These are 200-litre grey tanks which are controlled via an “electronic bailiff” device which controls the time during which a ground tank may fill. Since the increase in the FBW supply (from 200l/day to 300l/day) these tanks are reportedly filled overnight and then topped-up for a short period during the day (EWS, 2011: 80)

17 A flow limiter is an electronic device which allows for a normal flow rate but restricts the daily volume to a preset amount of 300 litres per day (the FBW daily limit).

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and (3) metered18 in-house water connections. Generally these services are respectively allocated to informal, rural and formal housing settlements. Similarly, sanitation is differentiated across different housing typologies, with: (1) rural settlements receiving Urine Diversion (UD)19 or toilets with septic tanks; (2) informal settlements receiving sanitation via ablution blocks or VIP toilets; (3) and formal areas receiving waterborne sewerage (i.e. flush toilets). Whilst this may seem like an effective means for ensuring that citizens have access to water and sanitation (Jaglin, 2004), this arguably has the result of locking-in segregation and inequality, as these different technologies are divided between the rich and poor, whilst also taking on a spatial dimension, thereby relegating these inferior technologies to those living on the periphery (Narsiah, 2013; Sutherland et al.,2012; Bond, 2000: 52).

The proportion of the population receiving these differentiated services is outlined in Table 1 and 2. According to current funding and delivery levels (as of 2010), it is estimated that it will take nine years to eradicate the water service backlogs, and 15 years to address the sanitation backlogs (eThekwini Municipality, 2011a: 24). According to eThekwini Municipality, the challenges to eradicating backlogs include: insufficient access to hard to reach areas, limited funding, the inability of households to pay for services, and illegal connections (ibid: 25). The implications of this differentiated services model are discussed further in chapter 5.

18 Meters measure the amount of water used by the household to which it is connected, and on the basis of these readings the household receives a monthly bill.

19 Urine Diversion (UD) toilets are a dry-sanitation technology, designed to separate urine and faecal matter, in order to accelerate decomposition of waste. The shallow pits are meant to be emptied by households regularly. If used properly there should be no odour or health risk involved. Ideally the urine or faeces would be used as a fertiliser. For more information see Annex 3.

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Table 1: Differentiated Water and Sanitation Service Provision (Source: EWS, 2012: 31)

Table 2: Differentiated Water and Sanitation Service Provision (Source: EWS, 2012: 31)

As this system of differentiated service provision indicates, housing typology is a large determinant in the allocation of services. The selection of the three case-study settlements– Ocean Drive In, Russia (KwaNgcolosi) and Magwaveni – was therefore largely determined by the housing typology of each community. Table 3 provides an overview of the different services received in each of the case-study communities. The process of case-study selection is further explained in the following section.

Differentiated Water Services

Number of Households

Percentage of Households

Total Number of Households 912458 100

Ground Tanks and Household Supply 43881 4,8

Stand-pipes and Ablution Blocks 211999 23,2

Standard Household Water Connections 596551 65,4

Free Water 336491 36,9

<9kl FBW 175428 19,2

Backlog 60067 6,6

Differentiated Sanitation Services Number

of Households Percentage of Households

Total Number of Households 912458 100

Urine Diversion Toilets 92301 10,1

Ablution Blocks 34681 3,8

Ventilated Improved Pit Latrine 40000 4,4

Toilets with septic tank 37288 4,1

Toilets with waterborne sewerage 498341 54,6

Free Sanitation 247593 27,1

Free Sewerage (<9kl FBW) 98599 10,8

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Table 3: Different services across different case-study settlements (Source: fieldwork data collected for this research)

Case-study settlements:

The selection of the three case-study communities – Ocean Drive In, Russia (KwaNgcolosi) and Magwaveni – was predominantly based on their different housing typologies, as informed by the theoretical framework of the Chance2Sustain20 project (Braathen, 2011), which assumed that these different communities would capture the diversity of lived experiences within eThekwini’s sub-standard settlements. The idea was also to select communities which would reflect the extent to which ordinary citizens can engage with the state; ideally demonstrating the different means of mobilising or interacting with the state.

A justification21 for the selection of each case-study settlement is provided below, together with a description of each of the communities.

20 This research was undertaken as part of the Chance2Sustain project. This is a comparative research project funded by the EU 7th Framework, carried out with eight research partners (four based in Europe and four at Southern-based research institutions), across 10 cities in: South Africa, India, Peru and Brazil. The research has been undertaken through five key work packages, namely: economic growth strategies; poverty alleviation and civil society mobilisation networks; environmental equity; participatory spatial knowledge management; and fiscal decentralisation and participatory governance. For more information on this project, refer to: http://www.chance2sustain.eu/7.0.html

21 An in-depth justification for the selection of case-study settlements, for the Chance2Sustain project, is provided in the work-package three city report (Sutherland et al, 2012: 21-33), and has been summarised in this section for the purposes of this research.

Case-study settlement Housing Typology Type of Water Provision Type of Sanitation Provision Ocean Drive In Informal Settlement Communal Tap

(5 taps for appox. 700households) Pit Latrines

Russia, KwaNgcolosi Rural/Peri-Urban

Grey Tank Metered Yard-Tap In-house metered

Urine Diversion Toilets Pit Latrines

Magwaveni

Transit Camp

Communal Tap (1 tap for 30 households) Ablution Block

(2 blocks for 30 households)

Ablution Block (2 blocks for 30 households)

Informal Settlement Communal Tap

(9 taps for approx. 1600 households)

Ablution Block

(18 blocks for approx. 1600 households) Pit Latrine RDP Houses Metered Yard-Tap

In-house metered Flush toilet

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Ocean Drive In:

Figure 5: Google Maps view of Ocean Drive In. Illustrating proximity to King Shaka International Airport (Left). And locality, surrounded by cane-fields (Right) (Source: Sutherland et al., 2012 – WP4 Report, Annex 1)

Reason for Selection:

The informal settlement of Ocean Drive In was identified through a newspaper article (Sunday Tribune, 2011) that had been written by a community member on the plight of people living in the settlement. It is a well-established informal settlement with a long (undocumented) history, and at the time of this research22 were being relocated to a formal housing project, Hammonds Farm (see photo in annex 4). It was therefore interesting (for the Chance2Sustain project) to capture the story of this settlement, at this critical moment within its history.

Location, environment and transport:

Ocean Drive In is located in Ward 58 in the northern region of eThekwini (refer to map in figure 1). It is situated in close proximity to the new King Shaka International Airport within the Dube Tradeport (refer to figure 5). Relocation of the Ocean Drive In community to Hammonds Farm commenced in November 2012, as a result of the land being sold for development associated with the Dube Tradeport.

The settlement is located on agricultural land within an area of sugar cane on a steep slope, surrounded by: coastal settlements; residential housing for low middle and high income groups; Dube Tradeport and its newly established industrial zones; and the town of Tongaat. Ocean Drive In is well connected to the city, as it is on a prime transport route serviced by mini-bus taxis.

22 This research was conducted over a four month period (October 2012 – February 2013).

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History:

The settlement is called Ocean Drive In because it developed on an old movie drive-in site and hence has some formal buildings within which people currently live. There are also a few formal houses on the ridge that form part of the settlement. These are known as the ‘Indian houses’ previously owned by Indian families who owned market gardens. According to the residents of Ocean Drive In, the settlement developed in the 1980s when African workers, from the market gardens and sugar cane fields (owned by Tongaat-Hulett), began to live adjacent to what they called the ‘Indian houses’. It was at this time that some of the Indian residents began to leave the area, and by the late 1980s they were eventually chased away, as part of the political struggles and violence of the time.

There have been many violent struggles over control of the settlement since its establishment. These struggles have mainly been between the Inkatha Freedom Party (IFP) and ANC, however since 2007 there has been relative stability in the settlement.

Demographics:

Many of the people in the settlement rent their houses23. Most people have lived in the settlement for over ten years. There are a large number of Xhosa residents in the settlement, who have moved to Durban from the Eastern Cape, or were working on the Tongaat-Hulett estate in the 1980s24.

The settlement is now home to approximately 1452 residents and contains 710 structures, 696 of which are informal houses. Unemployment in the settlement is high; however people work in the surrounding coastal area and hence work in close proximity to where they live. Many of the residents work in the surrounding cane-fields, and some work at the airport, though most of this work is insecure contract work. Many residents also rely on income from lodgers25 who pay rent to supplement their income.

Housing, service, and facilities:

23 Houses are rented from the owners, who usually live in other settlements, but may have lived in the settlement at some point within its history as an informal settlement. The distinction between renters and owners poses a difficulty in the relocation of communities. The Department for Human Settlements now takes the policy that it does not distinguish between renters and owners when relocating communities. When communities have been informed of the relocation, owners are now advised to sell the properties to the renters to avoid any confusion over who the assigned RDP house will be allocated (Interview: Councillor Mabaso Nomphumelelo, 3/12/2012)

24 Originally workers on the sugar cane fields of Tongaat-Hulett lived on the estate in labourer’s housing, due to a change in legislation in the 1980s many moved off the estate lands, invading available land to establish informal settlements. 25 Lodgers are distinct from renters, in that the owner of the house will also live in the property or the adjoining property.

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The community of Ocean Drive In faces many of the same challenges as informal settlers in the rest of eThekwini. Residents live in poor housing, partly due to the ‘temporary’ nature of the settlement, which can also be attributed to the relocation of the community to Hammonds Farm.

The main road into the settlement is in relatively good condition. However inside the settlement the narrow pathways that connect the houses and the sections are in bad condition. As a result they fill up with wastewater, sewage and rainwater, and cause flooding in houses.

The settlement has five water points, four provided by the Municipality in 2002, and one that the community installed themselves by paying a plumber to connect a tap point in the settlement. There is no electricity in the settlement and sanitation is provided by pit latrines, many of which are no longer functional. There is no electricity in the settlement.

Waste is removed from the settlement by a private contractor. Health care facilities in the settlement are provided by a mobile clinic and community health care workers. There is no government school in the settlement with primary and secondary government schools being located in the adjoining formal areas.

State, civil society and participation:

Currently the sub-ward committee of the ANC Ward Committee for Ward 58 is the dominant community organisation in the settlement. The sub-ward committee reports to and were selected by the councillor. The community has a Policing Forum which resolves disputes in the community and is headed by a man who holds a high status in the community.

There is also an independent committee that has emerged in the settlement but the action of this committee is quickly curtailed by the councillor as this committee is not aligned with the ANC. The Councillor’s office in Waterloo provides many of the formal documents that Ocean Drive In residents require, such as: letters to prove they live in the area for employment; letters that provide them with permission to fix up their houses after a disaster such as a fire or flood. Churches also play a very important role in the community. Interestingly, there are no NGOs that operate in the community.

Residents of Ocean Drive In meet with residents from the other five informal settlements that are located along the coastal belt in close proximity to them. Together they have joint meetings with the Councillor around relevant community issues. This network of informal

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settlements appears to be important, in terms of challenging the state in seeking solutions to problems.

Russia, Ngcolosi:

Figure 6: Google Maps view of Russia, illustrating peri-urban/rural characteristics of the settlement, its steep topography, and its close proximity to the “white” urban communities. (Source: Sutherland et al., 2012 – WP4 Report, Annex 1)

Russia in KwaNgcolosi was selected as a result of the relationships that researchers in the Chance2Sustain project had built up with community members, and also because it contains different systems of water provision which are of interest to this study.

Russia is a small peri-urban settlement, located on the hilly rural slopes of KwaNgcolosi, in Ward 9, in the Outer-West region of eThekwini. It is located 15 kilometres from the centre of Hillcrest, above the Inanda Dam (as depicted in the maps provided in figure 6).

Many of the roads in the area are sand roads, and the topography is steep, so access to the houses is difficult, with small narrow roads providing access to a few houses, usually at the end of a cul-de-sac. These pathways are especially difficult to traverse during and after heavy rainfall. However, the main road was upgraded in the mid-2000s and this had been of great benefit to the community, as it meant that taxis could travel much closer to people’s houses. Taxis service the area, but they do not venture down the narrow side roads and so people need to walk to the main roads for transport. This is problematic when ambulances or other forms of transport require access to assist those in need.

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History:

KwaNgcolosi and Russia developed as rural areas during the apartheid era. These areas, all within the homeland of KwaZulu, contained more dense rural settlements as African people tried to move as close to the white urban area of Durban as they could (see figure 6). People in these peri-urban communities were not allowed to live in the city as a result of the Group Areas Act (1950).

Demographics:

According to the 2001 Census, KwaNgcolosi has a population of 20 166 or 3 944 households in the area.

Many residents work as domestic workers or gardeners in the surrounding middle-class suburbs of Hillcrest.

Housing, service, and facilities:

The housing in Russia consists of traditional homesteads, or umuzi. People live together in extended family groups, with houses built around the main homestead. Houses vary from traditional houses to formal brick houses. Residents in Russia have access to electricity, phone lines, water (full water provision, grey tanks and metered taps) and sanitation services in the form of pit latrines and UD toilets. According to respondents, the grey tanks were installed by the municipality in 2007 and the UD toilets in 2004.

There is a mobile clinic once a week. There is no primary or secondary school in the area, so parents need to pay for transport to send their children to school. The community would also like to have a community hall and a sports ground.

State, civil society and participation:

The main actors in the area are the traditional authority including the nkosi and the ndunas (chief and his headman). The councillor in the area (ward 9) appears to be less dominant than in other areas, and community members indicated that they seldom meet with the councillor as he does not help them.

The ward committee combines representatives from other peri-urban areas, i.e. Embo and KwaNgcolosi. As a result community members are not aware of who the ward committee is but they know there is a group of people that support the councillor and help him to do his work. They have recently engaged with the councillor over the building of RDP houses in the

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area. They were informed that the most vulnerable and unsafe houses will be replaced first. This process is currently in its early stages, and only a few RDP houses have been built in the area so far.

The municipal officials play a role in the area through the services they offer at the Sizikala Centre26, in Pine Town, and the responses they provide to residents when they phone in to report a service problem. Residents indicated that the Municipality did respond to calls and did fix problems once they were reported. Through access to these services residents are able to interact directly with the Municipality, which is very different to the residents of informal settlements in the city.

There are a limited number of community-based organisations in Russia. Most women belong to stokvels27. Within these groups discussions are limited to personal and money related issues, and do not extend to community matters. Churches play a significant role in this community and they provide a great deal of support to people across a broad range of issues.

A Community Policing Forum was established in 2012 to deal with the recent crime wave which has hit the area. This crime is partly attributed to the drug problems associated with whoonga28, a new township drug.

When asked if life had changed in their community since 1994 residents stated that it had changed a great deal and that they now had water, electricity and roads.

26 Sizikala is a Zulu word meaning “get help”. The Sizikala Centre are eThekwini Municipality’s customer care centres, where residents can go for assistance on any council related query. A number of Sizakala Customer Service Centres have been opened throughout the eThekwini Municipality Area to ensure that these services are brought closer to all residents. For more information visit: http://www.durban.gov.za/City_Services/sizakala_customer_care/Pages/default.aspx

27 Stokvels are invitation only clubs of twelve or more people serving as rotating credit unions or saving schemes, where members contribute fixed sums of money to a central fund on a weekly, fortnightly or monthly basis.

28 Whoonga is a street drug that has allegedly come into widespread use in South Africa since 2010, mostly in the impoverished townships of Durban. It is described as a drug cocktail, allegedly containing a mixture of marijuana, crystal meth, heroine, and (Aids) anti-retroviral medication. This drug is considered highly addictive and is associated with extreme and violent behaviour.

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Magwaveni:

Figure 7: Google Maps image of Magwaveni. Illustrating location (Right) and the mixed housing within the settlement – informal to the north and RDP to the south of the settlement (Right) (Source: Sutherland et al., 2012 – WP4 Report, Annex 1)

Magwaveni contains a mixture of: informal housing, a transit camp, and RDP or low cost housing. A meeting was held with the Voluntary Community Members (VCM) committee of Ward 62 and they suggested that Magwaveni would be a good focus for this research because of its development needs, and due to its mixed housing structure.

Magwaveni is located in Ward 62, in the northern region of eThekwini, near the Town of Tongaat (see figure 7). It is near to a sugar refinery, and the Tongaat-Stanger rail line. It is situated on a floodplain, and so many of the houses experience flooding, dampness, and poor soil drainage. There are also slopes in the settlement, though these are not as extreme, compared to the other case-study settlements. There are good transport links between the settlement and Tongaat via mini-bus taxi’s and a local bus system.

History:

Magwaveni is named after the guava trees which covered the area, when the first people came to live in the area. The informal settlement dates back to 1987 and the RDP houses, referred to as the Greyland's Housing Project, were built in 2004. Not everyone in the RDP houses came from the adjacent informal settlement, they came from different informal settlements in surrounding areas. People had to register (this was open to everyone), but some people did not believe that they would get housing so they did not register, and are consequently still living in the informal settlement and not in the new RDP houses.

A justice perspective of water and sanitation service delivery : a case-study of water vulnerabilities in three sub-standard settlements of eThekwini Municipality, South Africa : combined with an analysis of eThekwini W