Human rights complaint filed after Phoenix schools left without basic services

SEVERAL Phoenix schools began the 2026 academic year in crisis as water and electricity were disconnected, prompting the IFP to file human rights complaints.

While the eThekwini Municipality defended the disconnections as standard procedure for unpaid accounts, the IFP argued these actions violated constitutional rights to education and unfairly punished children for disputes between government departments.

The disconnections at Ferndale Combined School, Palmview Primary and Greenbury Primary coincided with the start of the 2026 academic year, raising concerns around the implications for education and pupil wellbeing.

Councillor Jonathan Annipen, an IFP councillor and a member of the Finance Portfolio Committee, who lodged the complaints with the South African Human Rights Commission (SAHRC) and the Office of the Public Protector, said the actions taken by the eThekwini Municipality not only contravene constitutional rights but also undermined educational integrity. 

"We regard this action by the eThekwini Municipality as constitutionally indefensible, administratively reckless, and socially irresponsible. While we acknowledge the importance of municipal revenue collection, this cannot be pursued in a manner that violates learners’ fundamental rights. Section 29 of the Constitution of the Republic of South Africa guarantees every child the right to basic education, which is immediately realisable. 

"Schools cannot fulfil this constitutional mandate without access to essential services such as water and electricity. The disconnection of these services has disrupted teaching and learning, delayed curriculum delivery, and negatively affected the dignity, safety, and wellbeing of both learners and educators," said Annipen in his letter. 

"Of further concern is that councillors serving on the Municipal Finance Committee were explicitly assured that schools would not be disconnected. This reversal raises serious concerns about governance, accountability, and good faith within the municipality.

"We submit that where disputes exist regarding outstanding accounts between the municipality and the KwaZulu-Natal Department of Education, these matters must be resolved through intergovernmental engagement in line with Chapter 3 of the Constitution on cooperative governance." 

He said schools and children must not be used as leverage in financial disputes between government entities.

He requested that the SAHRC: 

- Investigate the disconnection of basic services to affected schools in Phoenix and across eThekwini.

- Determine whether these actions constitute a violation of pupils' constitutional and human rights.

- Engage with the eThekwini Municipality and the KwaZulu-Natal Department of Education to ensure immediate reconnection of services.

- Monitor compliance to prevent future disconnections to schools.

Mandla Nsele, the eThekwini Municipality’s Marketing and Communications Director, said the city did not discuss customer account information with a third party. 

"However, we wish to emphasise that all customers, including government departments, are expected to settle their accounts. Where arrears exist, disconnections are implemented in accordance with eThekwini Municipality’s Credit Control and Debt Collection Policy. These measures are standard practice and are applied consistently to ensure financial sustainability and the continued provision of municipal services to all customers.”

The Department of Education did not comment at the time of publication. 

 THE POST