The Democratic Alliance on Friday accepted the finding of the Cape High Court in the so-called Makhaza toilet case.

"The Democratic Alliance takes note of the judgment, handed down today by Judge Nathan Erasmus, concerning the delivery of sanitation services by the City of Cape Town in upgrading the informal settlement in Makhaza," DA leader and Western Cape premier Helen Zille said.

'Enclosures were destroyed'

"It was precisely because we believe communal toilets impinge on the dignity of people, that the city sought to extend sanitation services to every household within available budgets.

"Nevertheless, we accept the finding of the court. We will now move forward and continue upgrading informal settlements, within the limits of the national housing code.

"We also note the order to enclose the toilets. We have tried to do this on several previous occasions and each time enclosures were destroyed by the ANC Youth League. We will, however, try again," Zille said.

In a separate statement, the City of Cape Town said it noted the judgment and would study it in further detail.

The city said its actions throughout this matter were a genuine and bona fide attempt to upgrade and improve the sanitation facilities of this impoverished community.

"The city has always had every intention of applying the National Housing Code and ancillary legislation in this community, and will continue to do so," it said.

Wealthiest areas 'over-serviced'

For its part, the SA Communist Party welcomed the ruling.

"Through the actions of the city, the DA has been exposed for its lack of moral authority on its track record of governance and delivery to our people.

"While the wealthiest and already over-serviced suburbs in Cape Town enjoy special rates area status, meaning that they are provided with extra municipal services, the DA-controlled council wants to defend its inhuman and inequitable treatment of the Makhaza community," it said.