Klipspruit river is polluted by sewage and mine waste in Soweto (Delwyn Verasamy)
A R160 million fine slapped on a Mpumlanga municipality for years of sewage pollution is a “step in the right direction” — but municipal heads need to roll to ensure accountability.
Rembu Magoba, manager of the water centre at the Council for Scientific and Industrial Research, said: “It has been long overdue that we start to see something like this happening but I believe we can still do more by going a step further and holding those who are responsible for managing those wastewater treatment plants personally liable for not taking the relevant action.”
Earlier this month, the Balfour magistrate’s court imposed the fine on the Dipaleseng local municipality for contravening environmental laws, significantly affecting the livelihoods of residents and livestock.
According to the National Prosecuting Authority, R40 million of the fine is suspended for five years on condition that the municipality is not convicted of contravening the National Environmental Management Act and the National Water Act, “or any other offences of which pollution is an element during the period of suspension”.
The municipality was found guilty of contravening the National Environmental Management Act, pollution of water resources, contravening the National Water Act, failure to comply with remedial directives and the unauthorised disposal of water.
The municipality committed environmental misconduct from December 2018 to August 2023, which caused significant pollution to the environment, the court ruling found.
This comprised disposing and distributing raw blood sewage sludge and raw and untreated sewage with high amounts of faecal coliform and E coli into various water sources.
The affected waterways included the Suikerbostant River, Gasteplaas Dam, Vlakfontein farm wastewater treatment works. Affected areas included Balfour, Kanini, Greylingstad, Grootvlei, Nthoarane and Siyathemba.
“It is a very worrying case and it’s not limited to only Mpumalanga alone,” Magoba said.
“It has been a long problem in various municipalities and water utilities. As to whether that [the fine] is the best way to go, it’s a step in the right direction … but I don’t think it’s very effective.
“It shows some urgency on behalf of the regulator [the department of water and sanitation] who is the custodian of our water resources and who is also looking at the functionality of all those wastewater treatment plants that are not working.”
Using taxpayer money to pay such hefty fines is “robbing communities of much-needed service delivery” that could have been performed “using the money that was never budgeted to pay such a fine”, he said.
“And now it needs to be redirected to settle those legal matters at the expense of much needed service to the community. Those municipalities that are struggling to maintain their wastewater treatment works don’t have the budgets where they will be able to pay such millions but all of a sudden, they are able to,” Magoba said.
“As long as we are not holding people responsible for making the wrong decisions, we will continue making those wrong decisions and those who will come after those who are currently running the show, will continue doing so knowing that there are no consequences.”
Municipal capabilities is another problem, he said.
“We also need to confirm if indeed those municipalities have made the relevant appointments in terms of assessing the competency of people who are in charge of wastewater treatment works because if we don’t address the issue of capabilities within the municipalities, we will then have to budget paying those fines annually, which will not really help the government in terms of addressing this challenge.”
Ferrial Adam, the executive manager of WaterCAN, said the prosecution at least served as an acknowledgement that something is wrong.
“When you fine a municipality, then what happens is you’re just getting the money from taxpayer money so you’re not punishing the people causing the mess. We’re saying that people must be arrested, and people must be fired because the buck stops with someone and if we don’t start doing that, then they’ll just go on and continue to pollute,” Adam said.
Sello Seitlholo, the deputy minister of water and sanitation, welcomed the decision, describing the court ruling as a “significant milestone” in the department’s efforts to hold polluters accountable.
Several complaints were made by people living in the Balfour area about water pollution, which killed their livestock and affected their livelihoods. The department of agriculture, rural development, land and environmental affairs and the department of water and sanitation, launched an investigation, the outcome of which led to the municipality appearing in court.
The court found that the gross misconduct of the municipality subjected Balfour residents to endure inhumane living conditions because of the constant sewage spills in the entire municipal area.
The residents were also subjected to poor drinking water quality because the Balfour water treatment works and reservoirs continue to be neglected wherein no efficient operation and maintenance takes place.
“The R160 million fine should serve as a wake-up call to other municipalities that fail to comply with environmental and water management regulations,” Seitlholo said. “I assure you that we will not hesitate to take firm action against any entity that disregards its legal obligations.”
That the municipality pled guilty on all the counts brought to them, underscored the seriousness imposed of the offences and “reinforces the department’s resolve to enforce accountability. Municipalities must implement corrective measures to prevent further harm to our environment and communities.”
AfriForum said the fine was “a significant victory”, but that officials should be held personally accountable for their “shocking negligence”.
“AfriForum maintains that the water crisis that is currently being experienced at a national level even justifies the imprisonment of the officials involved … However, in this case it amounts to double punishment for the taxpayers and residents of the municipality concerned,” said Lambert de Klerk, AfriForum’s head of environmental affairs.
“First residents were burdened with unsafe water, and now the very residents are going to pay the fine indirectly. The prosecution of officials who were responsible for the pollution must be a priority. This will hold officials accountable and guarantee the pursuit of excellence in the interest of residents.”