ANC asks Public Protector to probe City’s by-law enforcement after Lwandle massacre
The ANC has asked the Public Protector to investigate alleged failures by the City of Cape Town to enforce business, liquor, planning, noise and safety regulations at the Lwandle venue where 10 people were killed and 11 injured.
The African National Congress (ANC) has requested the Public Protector investigate the City of Cape Town for allegedly failing to enforce its own by-laws at the Lwandle establishment in Strand, where 10 individuals were killed and 11 injured in a shooting incident. ANC regional chairperson and the City's opposition leader, Ndithini Tyhido, submitted the complaint to the Public Protector's office, alleging that the City's alleged failure to implement at least six enforceable by-laws constitutes maladministration.
Tyhido stated that the Lwandle establishment in Strand operated without a valid business licence or a liquor licence, despite being open for months, with loud music, cooking food, and selling alcohol. The ANC claims that the municipal bylaws stipulate that no person may conduct a business without a valid business licence and that the City never inspected the establishment, never issued a compliance notice, nor closed it.
Furthermore, Tyhido pointed out that the erf in Lwandle was not zoned for taverns or shisanyamas without consent, and the City failed to enforce this regulation.
The ANC also alleges that the City violated the Streets, Public Places and Prevention of Noise Nuisance Bylaw by allowing loud music to be played after 10 pm in a residential area. The establishment reportedly had more than 30 patrons at 1:46 am, playing loud music, which should have been reported and addressed. Tyhido questioned why no action was taken when complaints were logged and whether the City misrepresents its safety capabilities to justify its budget without adequately protecting areas like Lwandle.
The ANC claims that the City possesses advanced technology, including an Emergency Policing and Incident Command Centre, over 1200 CCTV cameras, drones, and ShotSpotter gunfire detection systems. However, Tyhido argues that if the City had these resources, it would have detected the illegal operation at Lwandle. The ANC demands an audit of similar establishments around Cape Town that operate late into the night and argues that if an adverse finding is made by a competent authority such as the Public Protector, the responsible Mayoral Committee, along with the mayor, must be held accountable for good governance.
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