Klipspruit River is polluted by sewage and mine waste from Soweto (Delwyn Bellasamy)
The R160-million fine imposed on Mpumulanga Municipality for years of sewage contamination is a “step in the right direction”, but municipal leaders must ensure accountability.
Lembu Makgoba, Manager of the Council for Scientific and Industrial Research's Water Supply Center, said: The person responsible for managing the wastewater treatment facility is personally liable for not taking the relevant measures. ”
Earlier this month, Balfour Magistrates' Court fined Diparesen Municipality for breaching environmental laws and seriously impacting the lives of residents and livestock.
According to the National Prosecuting Authority, R40 million of the fine will be reduced to 5%, provided the municipality has not been convicted of the National Environmental Management Act or the National Water Act, “or any other offense for which pollution is an element of an offence”. The sentence will be suspended for one year. “Suspension Period”.
The municipality was found guilty of violating the National Environmental Management Act, contaminating water resources, violating the National Water Act, failing to comply with remedial orders, and unauthorized disposal of water.
According to the court's ruling, the municipality was found to have committed environmental violations from December 2018 to August 2023, causing serious pollution to the environment.
This involved the disposal and distribution of raw blood sewage sludge and untreated sewage containing large quantities of fecal coliforms and E. coli to various water sources.
The waterways affected include the Suikerbostand River, the Gasteplaas Dam and the Vlakfontein Farm Wastewater Treatment Plant. Areas affected include Balfour, Kanini, Graylingstad, Grootvlei, Nsoalan and Siyathemba.
“This is a very worrying incident and it is not isolated to Mpumalanga alone,” Makgoba said.
“This has been an issue for a long time with various municipalities and water utilities. [the fine] This is the best method and a step in the right direction…but I don't think it's very effective.
“This shows a degree of urgency on behalf of regulators.” [the department of water and sanitation] Who is in charge of our water resources and who is also monitoring the functioning of all the defunct sewage treatment plants? ”
Using taxpayer money to pay such hefty fines is a much-needed move in the community that could have been done “using money that was not budgeted to pay such fines.” “We are depriving them of the service they deserve,” he said.
“And now we must pivot to resolve legal issues at the expense of much-needed services to our communities.” We don't have the budget to pay a million dollars, but suddenly we can,'' Makgoba said.
“Unless we hold accountable the people who made the wrong decisions, we will continue to make the wrong decisions, and those who come after those currently running the show will face no consequences. They will continue to do so knowing that it will not happen.”
Municipal capacity is another issue, he says.
“We also need to make sure that these municipalities are really making the right appointments in terms of assessing the capacity of the people in charge of wastewater treatment operations. If we don't address the issue, then budgeting to pay these fines every year is not really going to help the government in terms of meeting this challenge.”
WaterCAN executive manager Ferial Adam said the charges at least served as a recognition that something was wrong.
“When you fine municipalities, you're just getting money from taxes and you're not punishing the people who caused the disruption. We're saying we have to arrest people and fire them. Because somebody Because it costs money, and if we don't start doing that, they're just going to keep polluting,” Adam said.
Deputy Minister of Water and Sanitation Cerro Seytoro welcomed the ruling, calling the court's decision an “important milestone” in the ministry's efforts to hold polluters accountable.
Several complaints were filed by people living in the Balfour area about water pollution that killed livestock and affected their livelihoods. The Department of Agriculture, Rural Development, Land and Environmental Affairs, Water and Sanitation launched an investigation, and the municipality went to court following its findings.
The court found that the city's gross misconduct resulted in constant sewage spills throughout the city and forced Balfour residents to endure inhumane living conditions.
Residents are also exposed to a decline in the quality of their drinking water, as Balfour's water treatment facilities and reservoirs continue to be abandoned without efficient operation or maintenance.
“The R160-million fine should serve as a wake-up call to other municipalities that fail to comply with environmental and water management regulations,” Mr Saitolo said. “We remain committed to taking decisive action against any organization that ignores its legal obligations.”
The City's pleading guilty to all charges posed underscores the seriousness of the charges and “strengthens the City's determination to ensure accountability.” Local governments must take corrective action to prevent further damage to the environment and communities. ”
Afriforum said the fine was a “significant victory” but the authorities should be held personally accountable for their “shocking negligence”.
“Africa Forum argues that the water crisis currently being experienced at the national level even justifies the imprisonment of the officials involved…but in this case it amounts to double punishment for the taxpayers and the residents of the municipality in question. ” said Lambert de Klerk. , head of environmental issues at AfriForum.
“Initially residents were made to pay for unsafe water, now residents themselves will indirectly pay the fines. Prosecution of officials responsible for the pollution must be a priority. This ensures that authorities are held accountable and strive for excellence for the benefit of their residents.”
