TERMS AND CONDITIONS

Livi Lemphakatsi Citizen Engagement Platform

Effective Date: 1 April 2025
Version: 1.0

1. ACCEPTANCE OF TERMS

1.1 Agreement to Terms

By accessing or using the Livi Lemphakatsi Platform ("Platform"), including the mobile application and web portal, you ("User," "you," or "your") agree to be bound by these Terms and Conditions ("Terms").

If you do not agree to these Terms, you must not access or use the Platform.

1.2 Platform Operator

The Platform is owned and operated by:

Mpumalanga Provincial Government
Department of Cooperative Governance, Human Settlements and Traditional Affairs (CoGHSTA)

Contact Details:

Email: support@livilemphakatsi.co.za
Phone: +27 76 549 5763
WhatsApp: +27 76 549 5763
Website: https://livilemphakatsi.co.za

1.3 Legal Capacity

By using the Platform, you represent and warrant that:

You are at least 18 years old OR have parental/guardian consent if under 18
You have the legal capacity to enter into these Terms
Your use of the Platform complies with all applicable laws
All information you provide is accurate and truthful

2. PLATFORM DESCRIPTION AND PURPOSE

2.1 Service Overview

Livi Lemphakatsi is a citizen engagement platform that enables:

2.1.1 Core Services

Issue Reporting - Report service delivery problems to government
Issue Tracking - Monitor progress and resolution of reported issues
Government Communications - Receive official announcements and updates
Local Services Directory - Access information about government facilities
Emergency Services - Report emergencies and access disaster management resources

2.1.2 Specialized Features

Disaster Management - Emergency incident reporting and coordination
Missing Persons - Report and search for missing individuals
Water Management - Access dam levels and water supply information
Service Interruptions - Receive notifications about planned/unplanned outages
Surveys and Feedback - Participate in government consultations

2.2 Government Service Delivery Mandate

The Platform operates under specific legislative mandates to facilitate municipal service delivery and community participation:

2.2.1 Municipal Systems Act 32 of 2000

Community Participation Obligations (Chapter 4):

Section 16 - Develop culture of municipal community participation
Section 17 - Establish mechanisms for community participation in municipal governance
Section 18 - Communicate information to local community about municipal services and programs
Section 19 - Receive, process and consider petitions and complaints from community

Service Delivery Obligations (Chapter 8):

Section 73 - General duty to provide municipal services to local community
Section 74 - Ensure equitable access to municipal services
Section 78 - Monitor, measure and review performance in municipal service delivery
Section 81 - Publish information on municipal services provided by the municipality

2.2.2 Municipal Structures Act 117 of 1998

Section 72-74 - Support ward committee functions and community representation
Community liaison - Facilitate communication between communities and municipal council

2.2.3 Constitutional and General Mandate

Provide accessible government services to citizens
Ensure transparent and accountable governance
Coordinate emergency and disaster response
Promote democratic participation in governance

3. USER REGISTRATION AND ACCOUNTS

3.1 Account Creation

3.1.1 Registration Requirements

To create an account, you must provide:

Valid South African mobile phone number
Your legal first name and surname
Residential address information (province, district, municipality, ward)
Acceptance of these Terms and our Privacy Policy

3.1.2 Account Verification

Your mobile phone number must be verified via SMS OTP
False or misleading registration information may result in account suspension
You are responsible for maintaining accurate account information

3.2 Account Security

3.2.1 User Responsibilities

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Immediately notifying us of any unauthorized account access
Using strong passwords and enabling available security features

3.2.2 Government Responsibilities

We commit to:

Implementing appropriate security measures to protect accounts
Providing notification of any security incidents affecting your account
Offering security features such as two-factor authentication where available
Regular security audits and updates

3.3 Account Suspension and Termination

3.3.1 User-Initiated Termination

You may terminate your account at any time by:

Contacting customer support
Using account deletion features in the app/portal
Written request to our offices

3.3.2 Government-Initiated Suspension

We may suspend or terminate accounts for:

Violation of these Terms
Fraudulent or abusive behavior
Threats to public safety or security
Extended period of inactivity (5+ years)
Legal or regulatory requirements

4. ACCEPTABLE USE AND USER CONDUCT

4.1 Permitted Uses

The Platform may be used for:

4.1.1 Municipal Service Engagement

Legitimate government service requests and issue reporting
Accessing government information and services
Monitoring service delivery performance and outcomes
Requesting municipal services within your ward/municipality

4.1.2 Community Participation (Municipal Systems Act Rights)

Participating in municipal governance processes as provided in Section 16-17
Submitting petitions and complaints as provided in Section 19
Engaging with ward committees and municipal representatives
Participating in authorized government surveys and consultations
Contributing to municipal policy development and review processes
Accessing municipal performance information as provided in Section 78

4.1.3 Emergency and Public Safety

Emergency reporting and disaster-related communications
Missing person reports and emergency assistance requests
Disaster response coordination and volunteer activities
Public safety reporting and community alerts

4.1.4 General Platform Functions

Providing feedback on government service delivery
Accessing local services directory and government contact information
Receiving official government communications and announcements

4.2 Prohibited Activities

You must NOT:

4.2.1 Illegal Activities

Use the Platform for any unlawful purpose
Submit false reports or fraudulent information
Impersonate government officials or other users
Upload content that violates any applicable laws
Interfere with law enforcement activities

4.2.2 Harmful Content

Upload content containing hate speech, discrimination, or threats
Submit pornographic, obscene, or inappropriate images
Share personal information of others without consent
Post content that endangers public safety
Spread misinformation or false emergency reports

4.2.3 Technical Misuse

Attempt to hack, compromise, or disrupt the Platform
Use automated scripts or bots without authorization
Reverse engineer or decompile the mobile application
Overload systems with excessive requests
Attempt to access data not authorized for your account

4.2.4 Commercial Misuse

Use the Platform for commercial advertising or solicitation
Sell or monetize access to Platform features
Extract data for commercial purposes without authorization

4.3 Consequences of Violations

Violations may result in:

Warning and required corrective action
Temporary suspension of Platform access
Permanent account termination
Reporting to law enforcement where appropriate
Legal action for damages or injunctive relief

5. CONTENT SUBMISSION AND INTELLECTUAL PROPERTY

5.1 User-Generated Content

5.1.1 Content Types

User-generated content includes:

Issue descriptions and reports
Uploaded photos and videos
Comments and feedback
Survey responses
Emergency reports

5.1.2 Content Responsibility

You are solely responsible for content you submit and warrant that:

You own or have necessary rights to submitted content
Content does not infringe third-party intellectual property rights
Content complies with all applicable laws and these Terms
Content is accurate and not misleading

5.2 Government License to User Content

5.2.1 Limited License Grant

By submitting content, you grant the Mpumalanga Provincial Government:

Non-exclusive license - Right to use content for Platform purposes
Limited scope - Only for service delivery and government functions
Revocable - You may request removal of non-essential content
Non-transferable - Limited to government use only

5.2.2 Permitted Government Uses

We may use your submitted content to:

Process and resolve reported issues
Communicate with relevant municipal departments
Generate statistical reports (anonymized)
Improve Platform features and services
Fulfill legal record-keeping requirements

5.3 Government Intellectual Property

5.3.1 Platform Ownership

The Platform, including design, features, and underlying technology, is owned by the Mpumalanga Provincial Government. This includes:

Software code and applications
Visual design and user interface
Government logos, branding, and official seals
Data processing algorithms and systems

5.3.2 Government Content

Government-created content includes:

Official announcements and communications
Service delivery information
Legal notices and public information
Educational and informational materials

5.3.3 Third-Party Components

The Platform incorporates third-party components under appropriate licenses:

Open source software components
Commercial software with proper licensing
Third-party APIs and services (Google Maps, Firebase, AWS)

6. GOVERNMENT OBLIGATIONS AND LIMITATIONS

6.1 Service Delivery Commitments

6.1.1 Best Efforts Obligation

The Mpumalanga Provincial Government commits to:

Process submitted issues in good faith
Route issues to appropriate municipal departments
Provide status updates on issue resolution progress
Maintain Platform availability during normal operating hours
Respond to user inquiries within reasonable timeframes

6.1.2 SLA Targets (Best Efforts)

We strive to meet the following service level targets:

Issue acknowledgment: Within 48 hours of submission
Emergency reports: Within 4 hours during business hours
Issue routing: To appropriate department within 72 hours
Status updates: Weekly for active issues
Platform availability: 99% uptime during business hours

6.2 Government Limitations

6.2.1 No Guarantee of Specific Outcomes

The Platform facilitates communication and tracking but does not guarantee:

Specific timeframes for issue resolution
Particular outcomes for submitted issues
Immediate response to all communications
Availability of requested government services
Success of emergency or disaster response efforts

6.2.2 Municipal Autonomy

Issues are addressed by relevant municipal departments that:

Operate independently within their legal mandates
Have their own budgets, priorities, and constraints
May require additional approvals or resources for resolution
Are subject to their own policies and procedures

6.2.3 Resource Limitations

Government service delivery is subject to:

Available budget allocations
Staff and resource capacity constraints
Legal and regulatory approval processes
Infrastructure and technical limitations
Force majeure events beyond government control

7. PLATFORM AVAILABILITY AND INTERRUPTIONS

7.1 Service Availability

7.1.1 Operating Hours

Platform access: 24/7 availability as a target
Government office hours: Monday to Friday, 8:00 AM to 4:30 PM (SAST)
Emergency services: Available 24/7 for urgent matters
Support services: Business hours for non-urgent inquiries

7.1.2 Planned Maintenance

We may perform scheduled maintenance:

Advance notice: Minimum 48 hours for planned downtime
Maintenance windows: Typically outside business hours
Duration: Minimize disruption to essential services
Emergency override: Emergency services remain accessible during maintenance

7.2 Service Interruptions

7.2.1 Unplanned Outages

The Platform may be unavailable due to:

Technical failures or system errors
Network connectivity issues
Cybersecurity incidents requiring system shutdown
Third-party service provider outages
Force majeure events

7.2.2 Emergency Communications

During Platform outages, emergency services remain available via:

Emergency numbers: 10111 (Police), 10177 (Medical), 112 (General Emergency)
Platform Support: support@livilemphakatsi.co.za or +27 76 549 5763

8. THIRD-PARTY SERVICES AND INTEGRATIONS

8.1 Third-Party Dependencies

The Platform relies on external services:

8.1.1 Technology Services

Google Firebase - Push notifications, app analytics
Google Maps - Location services and mapping
Amazon Web Services - Cloud hosting and storage
Various APIs - Government database integrations

8.1.2 Third-Party Terms

Your use of third-party services through the Platform is also governed by:

Google Terms of Service and Privacy Policy
Amazon Web Services Customer Agreement
Other applicable third-party terms and conditions

8.2 Third-Party Disclaimers

8.2.1 No Control Over Third Parties

We do not control and are not responsible for:

Third-party service availability or performance
Changes to third-party terms or pricing
Third-party data security practices
Content or accuracy of third-party services

8.2.2 Service Provider Changes

We reserve the right to:

Change third-party service providers with reasonable notice
Discontinue features dependent on unavailable third-party services
Implement alternative solutions to maintain Platform functionality

9. DATA ACCURACY AND GOVERNMENT LIABILITY

9.1 Data Accuracy Disclaimer

9.1.1 User-Provided Data

We rely on users to provide accurate information and:

Cannot guarantee the accuracy of user-submitted data
Are not responsible for decisions based on inaccurate user information
May remove or flag content identified as inaccurate or misleading

9.1.2 Geographic Data Accuracy

Location-based features have inherent limitations:

GPS accuracy may vary based on device and environmental conditions
Address geocoding may not precisely match physical locations
Ward boundaries are based on official data but may contain mapping errors
Service area coverage may not reflect real-time service delivery capacity

9.2 Government Information Accuracy

9.2.1 Best Efforts Standard

We make reasonable efforts to ensure accuracy of:

Government contact information and office details
Service delivery procedures and requirements
Legal and regulatory information
Emergency contact details and procedures

9.2.2 Information Updates

Government information may change without notice due to:

Administrative restructuring
Policy changes
Staff changes
Legal or regulatory updates
Emergency situations requiring procedural changes

10. LIMITATION OF LIABILITY

10.1 Government Liability Limitations

10.1.1 Indirect and Consequential Damages

To the maximum extent permitted by law, the Mpumalanga Provincial Government shall not be liable for:

Indirect, incidental, or consequential damages
Loss of profits, data, or business opportunities
Damages resulting from Platform unavailability
Delays in government service delivery
Third-party actions or omissions

10.1.2 Direct Damages Cap

For direct damages, our liability is limited to:

The equivalent value of government services actually affected
Reasonable costs of alternative service access
Maximum liability not exceeding R10,000 per incident
Exclusion of damages beyond our reasonable control

10.2 Exceptions to Limitation

10.2.1 No Limitation For

Liability limitations do not apply to:

Death or personal injury caused by our gross negligence
Fraudulent misrepresentation by government officials
Violations of constitutional rights
Damages required to be paid under mandatory insurance
Criminal acts by government employees

10.2.2 Force Majeure

We are not liable for delays or failures caused by:

Natural disasters, severe weather, or earthquakes
War, terrorism, or civil unrest
Government action beyond our control
Infrastructure failures (power, internet, telecommunications)
Cyber attacks or security incidents beyond reasonable prevention

11. USER INDEMNIFICATION

11.1 Indemnification Obligation

You agree to indemnify and hold harmless the Mpumalanga Provincial Government, its officials, and employees from claims arising from:

11.1.1 User Conduct

Your violation of these Terms or applicable laws
Content you submit that infringes third-party rights
False or misleading information you provide
Abuse or misuse of Platform features
Unauthorized access using your account credentials

11.1.2 Third-Party Claims

Claims by third parties based on your Platform usage
Intellectual property infringement claims related to your content
Privacy violations concerning information you submit about others
Defamation or harmful content you post or share

11.2 Indemnification Process

When an indemnification claim arises:

We will notify you promptly of any covered claims
You will cooperate fully in the defense of such claims
We reserve the right to assume defense with qualified legal counsel
You will pay reasonable costs and damages awarded against us

12. MODIFICATION OF TERMS

12.1 Right to Modify

12.1.1 Government Authority

We reserve the right to modify these Terms:

To comply with changes in applicable law or regulation
To reflect changes in Platform features or services
To address security or technical requirements
To improve user experience and service delivery

12.1.2 Modification Process

When Terms are modified:

Changes will be posted on the Platform with effective dates
Significant changes will be communicated via push notification or email
Continued use after the effective date constitutes acceptance
Users who disagree may terminate their accounts before the effective date

12.2 Emergency Modifications

12.2.1 Immediate Effect

In emergency situations affecting public safety or security:

Terms may be modified with immediate effect
Notice will be provided as soon as reasonably possible
Emergency modifications will be clearly identified
Users will be given opportunity to review changes once the emergency passes

13. GOVERNMENT SERVICE STANDARDS

13.1 Service Level Expectations

13.1.1 Issue Processing Standards

We strive to maintain the following standards:

Acknowledgment: Confirm receipt of issues within 48 hours
Routing: Forward issues to appropriate departments within 72 hours
Updates: Provide status updates at least weekly for active issues
Resolution tracking: Maintain complete records of resolution efforts

13.1.2 Communication Standards

Emergency communications: Within 4 hours during business hours
General inquiries: Response within 5 business days
Complaint resolution: Investigation within 30 days
Appeal processes: Clear escalation procedures with timeframes

13.2 Service Delivery Constraints

13.2.1 Municipal Capacity Limitations

Service delivery is subject to:

Municipal budget allocations and fiscal constraints
Available staff and technical capacity
Infrastructure limitations requiring capital investment
Legal and regulatory approval processes
Inter-governmental coordination requirements

13.2.2 Geographic and Technical Limitations

Rural connectivity - Limited internet access may affect service delivery
Infrastructure gaps - Some services may not be available in all areas
Technology dependencies - Service availability depends on functioning infrastructure
Resource prioritization - Emergency services receive priority over routine requests

14. COMMUNITY PARTICIPATION RIGHTS (MUNICIPAL SYSTEMS ACT)

14.1 Your Rights as Community Member (Section 5)

Under the Municipal Systems Act 32 of 2000, you have the right to:

14.1.1 Participation Rights

Participate in municipal governance processes through this Platform
Submit written or oral recommendations on any matter affecting the municipality
Be consulted on municipal service delivery decisions that may affect you
Receive information about municipal services, programs, and performance

14.1.2 Service Delivery Rights

Equitable access to municipal services (Section 74)
Quality service delivery meeting established standards
Reasonable notification of service interruptions or changes
Complaint mechanisms for inadequate service delivery

14.1.3 Information Rights

Access to municipal information about services and programs
Performance data about municipal service delivery
Contact information for municipal officials and representatives
Participation in municipal planning and policy development processes

14.2 Municipal Obligations (Section 6)

The Mpumalanga Provincial Government and municipalities commit to:

14.2.1 Service Delivery Obligations

Strive to achieve objectives for municipal service delivery
Be responsive to community needs and priorities
Facilitate community participation in municipal governance
Use resources in the best interests of the local community

14.2.2 Communication Obligations

Establish mechanisms for community participation (Section 17)
Communicate information to the community about municipal affairs (Section 18)
Receive and process petitions and complaints (Section 19)
Provide feedback on community input and concerns

14.3 Privacy Policy Integration

Data protection is governed by our Privacy Policy, which:

Forms an integral part of these Terms
Complies with the Protection of Personal Information Act, 2013 (POPIA)
Details our data collection, use, and sharing practices
Explains your rights and how to exercise them

14.4 Data Processing Principles

Our data processing adheres to POPIA principles:

Lawfulness - Processing only on valid legal grounds
Minimality - Collecting only data necessary for service delivery
Purpose limitation - Using data only for stated purposes
Quality - Maintaining accurate and up-to-date information
Security - Implementing appropriate safeguards
Transparency - Clear communication about data practices

14.5 Cross-Border Data Transfers

Some data processing occurs outside South Africa:

AWS (United States) - Secure cloud storage with contractual safeguards
Google Services (United States) - Maps and notification services with privacy controls
Security measures - Encryption and access controls for all international transfers

15. INTELLECTUAL PROPERTY RIGHTS

15.1 Government-Owned Intellectual Property

15.1.1 Platform Rights

The Platform and all related intellectual property are owned by the Mpumalanga Provincial Government:

Software code and applications
User interface design and branding
Government logos, seals, and official symbols
Data processing methods and algorithms
System architecture and technical implementations

15.1.2 Government Content

Official government content is subject to government copyright and includes:

Legal notices and official announcements
Government policies and procedure documents
Educational and informational materials
Official communications and press releases

15.2 User Content Rights

15.2.1 User Ownership

You retain ownership of content you create and submit, including:

Photos and videos you upload
Text descriptions and comments you write
Ideas and suggestions you contribute
Personal information you provide

15.2.2 Limited Government License

By submitting content, you grant government a limited license to:

Use content for Platform operation and service delivery
Share content with relevant municipal departments for issue resolution
Include content in aggregate reports and statistics (anonymized)
Retain content for legal record-keeping requirements

15.3 Third-Party Intellectual Property

15.3.1 Respect for Third-Party Rights

Users must respect third-party intellectual property:

Do not upload copyrighted material without permission
Ensure photos do not contain copyrighted artwork or signage as primary subject
Avoid submitting content containing third-party trademarks
Respect privacy rights when photographing people or private property

15.3.2 Infringement Response

If you believe content on the Platform infringes your intellectual property:

Contact us immediately with detailed infringement notice
Provide proof of your intellectual property ownership
Specify the allegedly infringing content with sufficient detail
We will investigate and take appropriate action within 10 business days

16. DISPUTE RESOLUTION

16.1 Governing Law

16.1.1 South African Law

These Terms are governed by the laws of the Republic of South Africa, including:

Constitution of South Africa, 1996 (Section 152-153 - Municipal mandate, Section 14 - Privacy rights)
Municipal Systems Act 32 of 2000 (Community participation and service delivery)
Municipal Structures Act 117 of 1998 (Municipal governance and ward committees)
Protection of Personal Information Act 4 of 2013 (Data protection)
Electronic Communications and Transactions Act 25 of 2002 (Digital communications)
Consumer Protection Act 68 of 2008 (where applicable to government services)
Disaster Management Act 57 of 2002 (Emergency response obligations)

16.1.2 Jurisdiction

South African courts have exclusive jurisdiction over disputes arising from these Terms.

16.2 Dispute Resolution Process

16.2.1 Internal Resolution (Mandatory First Step)

Before pursuing legal action, you must:

Contact customer support with detailed description of dispute
Allow 30 days for investigation and proposed resolution
Participate in good faith in resolution discussions
Escalate internally if initial response is unsatisfactory

16.2.2 Ombudsman and External Resolution

If internal resolution fails:

Municipal Ombudsman - For municipal service delivery issues
Provincial Ombudsman - For provincial government concerns
Public Protector - For constitutional or administrative justice issues
Information Regulator - For data protection and privacy complaints

16.2.3 Court Proceedings

Legal proceedings may be instituted:

Venue: High Court of South Africa (Mpumalanga Division)
Applicable law: South African law exclusively
Language: English (with translation assistance available)
Legal costs: In accordance with South African court rules

16.3 Emergency Dispute Resolution

For urgent matters affecting public safety or emergency services:

Immediate escalation to senior government officials
24-hour response target for emergency-related disputes
Interim relief measures to protect public safety
Expedited resolution procedures with shortened timeframes

17. TERMINATION OF ACCESS

17.1 User-Initiated Termination

17.1.1 Account Deletion Process

You may terminate your account by:

Using in-app account deletion features
Contacting customer support with deletion request
Submitting written termination notice to our offices
Following any additional verification procedures for security

17.1.2 Data Handling Upon Termination

When you terminate your account:

Personal data will be deleted according to our Privacy Policy
Issue reports may be retained for government record-keeping (anonymized)
Emergency data may be retained longer for public safety purposes
You will receive confirmation of account deletion within 30 days

17.2 Government-Initiated Termination

17.2.1 Grounds for Termination

We may terminate or suspend accounts for:

Material violation of these Terms
Fraudulent or abusive behavior toward government staff
Threats to public safety or platform security
Failure to verify identity when required
Extended inactivity (5+ years with no response to reactivation attempts)

17.2.2 Termination Process

Before terminating accounts:

Written notice will be provided with reasons for termination
Opportunity to respond and cure violations (where appropriate)
Appeal process available for disputed terminations
Data deletion in accordance with applicable laws

17.3 Effect of Termination

17.3.1 Service Access

Upon termination:

Immediate loss of Platform access
Outstanding issues remain in government systems for resolution
Historical data retained for legal compliance periods
No refund of any fees (if applicable in future versions)

17.3.2 Survival of Terms

The following provisions survive termination:

Intellectual property rights and licenses
Indemnification obligations
Limitation of liability
Dispute resolution procedures
Data protection obligations

18. FORCE MAJEURE

18.1 Definition of Force Majeure Events

Force majeure events include circumstances beyond reasonable government control:

18.1.1 Natural Events

Floods, droughts, earthquakes, and severe weather
Wildfires affecting government infrastructure
Pandemics or public health emergencies
Environmental disasters affecting service delivery

18.1.2 Human-Caused Events

War, terrorism, or civil unrest
Cyber attacks on government systems
Infrastructure sabotage or vandalism
Labor strikes affecting essential services

18.1.3 Technical Events

Widespread internet or telecommunications outages
Power grid failures affecting government facilities
Third-party service provider failures beyond our contract terms
Government-ordered internet shutdowns or restrictions

18.2 Force Majeure Effects

18.2.1 Service Suspension

During force majeure events:

Platform services may be suspended without liability
Government resources will be prioritized for public safety
Alternative communication methods may be implemented
Service restoration efforts will commence when safely possible

18.2.2 User Obligations During Force Majeure

Users acknowledge that:

Government response capacity may be limited during emergencies
Essential services receive priority over routine requests
Alternative emergency procedures should be followed when Platform is unavailable
Patience and understanding are required during recovery periods

19. SEVERABILITY AND INTERPRETATION

19.1 Severability

19.1.1 Invalid Provisions

If any provision of these Terms is found to be:

Unenforceable or invalid by a court of competent jurisdiction
Contrary to applicable law or regulation
Inconsistent with constitutional requirements

The invalid provision will be severed, and the remaining Terms will continue in full force and effect.

19.1.2 Reformation

Where possible, invalid provisions will be reformed to:

Achieve the intended purpose within legal bounds
Maintain the overall structure and intent of these Terms
Ensure continued Platform operation and service delivery

19.2 Interpretation Principles

19.2.1 Plain Language

These Terms should be interpreted:

In plain, ordinary English meaning
In favor of clarity and citizen understanding
Consistently with South African legal principles
To promote effective government service delivery

19.2.2 Constitutional Compliance

All Terms must be interpreted consistently with:

The Constitution of South Africa, 1996
The Bill of Rights (Chapter 2)
Principles of administrative justice
Democratic values and human dignity

20. SPECIAL PROVISIONS

20.1 Emergency Services

20.1.1 Not a Replacement for Emergency Services

The Platform is NOT a substitute for:

Police emergency line: 10111
Medical emergency line: 10177
General emergency line: 112

20.1.2 Emergency Disclaimer

For life-threatening emergencies:

Call emergency services directly rather than using the Platform
Platform emergency features are supplementary tools only
Response times may not meet immediate emergency needs
Emergency services operate independently of the Platform

20.2 Children and Vulnerable Users

20.2.1 Minors (Under 18)

Special terms apply to users under 18:

Parental or guardian consent required for registration
Enhanced privacy protections apply to children's data
Limited account features to protect minors
Right to account deletion upon reaching majority

20.2.2 Vulnerable Adults

We provide additional support for:

Users with disabilities requiring accessibility accommodations
Users with language barriers needing translation assistance
Elderly users requiring technical support
Users in vulnerable circumstances during emergencies

20.3 Municipal Systems Act Compliance

20.3.1 Community Participation Obligations (Section 16-19)

The Platform fulfills municipal obligations to:

Develop mechanisms for community participation in municipal governance
Facilitate communication between municipalities and communities
Process petitions and complaints from community members
Enable community input on municipal policies and service delivery

20.3.2 Service Delivery Obligations (Section 73-81)

The Platform supports municipal duties to:

Monitor and review municipal service delivery performance
Provide information about municipal services to the community
Ensure equitable access to municipal services
Maintain performance standards for municipal service delivery

20.4 Public Access and Digital Divide

20.4.1 Alternative Access Methods

For users without smartphone or internet access:

USSD services - Basic feature access via feature phones
Public access points - Government offices with assisted access
Traditional services - Phone and in-person service options remain available
Community assistance - Support through community centers and libraries
Ward committee integration - Traditional community participation structures remain available

20.4.2 Accessibility Compliance

The Platform strives to comply with:

Web Content Accessibility Guidelines (WCAG) 2.1 Level AA
South African accessibility standards
Universal design principles
Assistive technology compatibility

21. CONTACT INFORMATION

21.1 Primary Platform Support

Email: support@livilemphakatsi.co.za
Phone: +27 76 549 5763
WhatsApp: +27 76 549 5763
Website: https://livilemphakatsi.co.za
Hours: Monday to Friday, 8:00 AM to 4:30 PM (SAST)

For legal and compliance enquiries, technical issues, or government office contact details, please reach out via Primary Platform Support above.

21.2 National Emergency Lines

Police: 10111
Medical Emergency: 10177
General Emergency: 112

21.3 Online Resources

Main Platform: https://livilemphakatsi.co.za
Government Portal: https://cogta.mpg.gov.za

22. MUNICIPAL SYSTEMS ACT FRAMEWORK

22.1 Legal Framework for Community Participation

22.1.1 Municipal Obligations (Section 16-19)

Under the Municipal Systems Act 32 of 2000, municipalities must:

Community Participation Culture (Section 16):

Develop and implement a culture of community participation in municipal governance
Encourage community members to participate in municipal affairs
Create institutional arrangements to enable participation

Participation Mechanisms (Section 17):

Establish appropriate mechanisms for community participation
Ensure mechanisms are accessible to all community members
Enable community input on municipal policies and decisions

Information Communication (Section 18):

Inform the local community about municipal affairs
Provide information about municipal services and programs
Communicate decisions that affect the community

Petitions and Complaints (Section 19):

Establish procedures to receive petitions and complaints
Process community input in good faith
Provide feedback to the community on input received

22.1.2 Platform Implementation

The Livi Lemphakatsi Platform implements these obligations by:

Digital participation channels for community input and feedback
Issue tracking systems for complaint processing and resolution
Information sharing features for municipal communications
Ward committee integration to support traditional governance structures

22.2 Service Delivery Framework (Section 73-81)

22.2.1 Municipal Service Delivery Duties

General service delivery duty (Section 73) to provide democratic and accountable government
Equitable access obligation (Section 74) to ensure fair service distribution
Performance monitoring duty (Section 78) to measure and review service delivery
Information publication duty (Section 81) to inform community about available services

22.2.2 Platform Service Delivery Support

The Platform supports these duties through:

Issue reporting and tracking for service delivery problem identification and resolution
Performance monitoring through citizen feedback and issue resolution statistics
Service information sharing about available municipal services
Communication channels for service delivery updates and notifications

23. ACKNOWLEDGMENTS AND DECLARATIONS

23.1 User Acknowledgments

By using the Platform, you acknowledge and agree that:

23.1.1 Understanding

You have read and understood these Terms in full
You have had the opportunity to seek legal advice if desired
You understand your rights and obligations under these Terms
You accept the limitations and risks associated with Platform use

23.1.2 Government Service Context

Government services are subject to budget, policy, and legal constraints
Service delivery timelines may vary based on complexity and resources
The Platform facilitates but does not guarantee specific service outcomes
Government priorities may require reallocation of resources during emergencies

23.2 Government Declarations

The Mpumalanga Provincial Government declares that:

23.2.1 Authority

We have legal authority to operate this Platform under provincial and municipal mandates
These Terms are within our constitutional and legal powers
Platform operation serves legitimate government purposes
Compliance with all applicable South African laws is maintained

23.2.2 Commitment

We are committed to transparent and accountable service delivery
Citizen privacy and data protection are prioritized
Continuous improvement of Platform features and services
Regular review and update of Terms to maintain legal compliance

24. EFFECTIVE DATE AND COMPLIANCE

24.1 Effective Date

These Terms become effective on 1 April 2025 and supersede all previous versions.

24.2 Regulatory Compliance

These Terms comply with:

Municipal Systems Act 32 of 2000 - Community participation and service delivery obligations
Municipal Structures Act 117 of 1998 - Ward committee and governance structures
Protection of Personal Information Act 4 of 2013 - Data protection requirements
Electronic Communications and Transactions Act 25 of 2002 - Electronic communications
Consumer Protection Act 68 of 2008 - Consumer rights (where applicable)
Constitution of South Africa, 1996 - Constitutional rights and governmental authority
Disaster Management Act 57 of 2002 - Emergency and disaster response obligations

24.3 Regular Review

These Terms will be reviewed annually and updated as necessary to maintain:

Legal compliance with evolving regulations
Alignment with government policy changes
Technical accuracy reflecting Platform updates
Best practices in citizen service delivery

Document Authority: Mpumalanga Provincial Government - CoGHSTA
Legal Review: CoGHSTA Legal Affairs, 1 April 2025 Effective Date: 1 April 2025
Next Review: 1 April 2026
Version: 1.0

These Terms and Conditions have been prepared to ensure fair, transparent, and legally compliant operation of the Livi Lemphakatsi Platform while fulfilling the Mpumalanga Provincial Government's constitutional mandate to provide accessible and effective government services to all citizens.

Terms & Conditions