By Gcina Ntsaluba
“It’s time for residents to stop ‘winding down’ and instead actively fight for the services they deserve,” top local legal expert Brin Brody said as a powerful message.
Brody was speaking at the Makana Business and Residents Association’s (MBRA) Annual General Meeting (AGM) on Thursday night at the Graham Hotel, where he highlighted the severe problems facing Makhanda, from unpaid bills to crumbling roads.
He called on the community to use legal action as a powerful tool for change.
Brody outlined a comprehensive self-help strategy that has emerged in response to what he described as municipal collapse. The approach focuses on taking legal action to secure fundamental human rights, including clean air, running water, reliable electricity, and public safety.
The MBRA’s self-help approach has already achieved significant victories through targeted litigation. Their most notable success involves the municipal dump, where court orders and contempt proceedings have forced improvements, including constructing what the speaker described as “a massive wall that is the same as the Berlin wall” around the facility.
The Association has secured court orders on several fronts
- Clean air: preventing dangerous fires at the municipal dump that release toxic smoke containing lead and cancer-causing substances.
- Water access: addressing theft of infrastructure and water leaks.
- Electricity: monitoring municipal debt to prevent service cuts.
- Animal control: forcing the municipality to establish a proper pound facility
The economics of self-help
The speaker revealed alarming financial statistics that drove the self-help initiative. The municipality collects 27 million rand monthly but spends 25 million on salaries for 700 employees, leaving only 0.4% for infrastructure maintenance. This has led to buildings being condemned and basic services deteriorating.
“It’s a matter of time before the water stops running and the electricity stops because all those things need repairs,” he warned, adding that the Minister of Finance has already stopped infrastructure grants to the municipality due to unpaid pension contributions and tax obligations.
Community mobilisation model
The MBRA’s approach relies on mobilising both business owners and residents through separate but coordinated organisations. Brody emphasised that legal action is conducted contingently, with costs only recovered if cases are won.
“I refuse to live in a city that’s a danger to me and my future grandchildren,” he declared, explaining his motivation for the sustained legal campaign. “I refuse to live in a city where the properties that I own have become worthless because of a municipality that simply does not know how to run a suburb, let alone a city.”
Constitutional rights framework
The self-help strategy is grounded in constitutional rights, with the speaker citing a Constitutional Court judgment that affirms citizens’ right to hold the government accountable through litigation.
“If you’re going to court to litigate about your constitutional rights… clean air, clean water, electricity, they’re all basic rights,” he explained, noting that the animal control issue alone involves “ten acts of parliament which make it clear that you do not allow animals to walk around.”
Looking forward
The MBRA has established a legal fund to support ongoing litigation, accepting contributions from as little as 100 rand to fund disbursements and enable broader advocacy efforts. The speaker stressed that while litigation is necessary, it cannot solve all municipal problems.
“You can’t run the town through litigation,” he acknowledged, emphasising that the goal is to secure basic services while working toward broader political change in upcoming elections.
The presentation highlighted how civic organisations can effectively use legal mechanisms to force government accountability when traditional political channels fail, offering a model for communities facing similar municipal dysfunction across South Africa.
