The provincial economic development, tourism and environmental affairs has filed an answering affidavit after ActionSA took four ministers, two KwaZulu-Natal MECs, and the City of eThekwini and its mayor to court in November.
ActionSA leader in KwaZulu-Natal Zwakele Mncwango approached the court regarding the sewer spillage that had polluted rivers and beaches in the province. The matter will be heard at the high court in Durban on February 27.
On Monday, the department’s acting chief director Bonginkosi Dlamini filed an answering affidavit against litigation by ActionSA. This after the department was listed as the sixth respondent in the matter.
In papers filed on Monday, Dlamini states that he will deal with the relief sought against the department, arguing that any declaration sought against the department is unwarranted.
Dlamini contends that ActionSA relied on alleged violation of rights enshrined in section 24 of the constitution, stating that the department has taken reasonable measures to prevent the pollution of rivers and beaches.
In 2022, Mncwango filed documents in court arguing that the decaying infrastructure of eThekwini region had caused challenges for many people and resulted in sewerage system spilling into the rivers and beaches, which caused health hazards.
“This has had a further dire impact on the already falling system which had led to closure of several beaches for the past several months,” reads Mncwango’s affidavit.
“In turn, this had affected the lives of the residents, the livelihood of small businesses, the tourism industry, the environment at large and the economic downturn for the poorest people of the eThekwini region.”
Dlamini said ActionSA failed to highlight scientific findings from experts to prove alleged non-compliance by his department.
Other respondents in the matter include Minister of Tourism Lindiwe Sisulu, Barbara Creecy, the Minister of Forestry, Fisheries and Environment, Water and Sanitation Minister Senzo Mchunu alongside Nkosazana Dlamini-Zuma, the Minister of Cooperative Governance and Traditional Affairs (Cogta).
The ministers are joined in the matter by Sihle Zikalala, KwaZulu-Natal’s MEC for
Cogta, and eThekwini mayor Mxolisi Kaunda.
Other respondents cited in the matter have not showed any intention to defend the litigation.
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