The eMalahleni Local Municipality in Mpumalanga’s coal mining town has pleaded guilty to a series of environmental crimes, including polluting water sources and violating national public health directives.
The municipality appeared before the eMalahleni Magistrate’s Court on Tuesday. It admitted to contravening the National Environmental Management Act (NEMA) 107 of 1998, the National Water Act 36 of 1998, and several waste management regulations.
The crimes were committed over a six-year period, from March 2019 to March 2025.
According to the National Prosecuting Authority (NPA), untreated sewage from municipal infrastructure was allowed to overflow through sewer manholes and flow into nearby rivers and dams.
Discharge of raw sewage into river
This included the discharge of raw effluent into a tributary of the Olifants River. The river is one of South Africa’s most vital water sources.
“The municipality negligently committed an act which caused significant pollution to the environment,” said NPA regional spokesperson Monica Nyuswa.
“This included the disposal of untreated sewage into the environment. It affected areas such as Ferroglobe Silicon Smelters, Witbank Dam, Naawpoort River, Steenkoolspruit, Klein Olifants, and the Olifants River itself.”
Nyuswa added that the municipality had also failed to comply with its water use licence conditions. These are governed by Section 28 of the National Water Act.
The licences are issued to municipalities to regulate how they use, store, and discharge water. This in a way that does not endanger surrounding communities and ecosystems.
Several complaints were received from community members. They complained about foul smells, discoloured water, and possible health impacts on humans and animals.
These prompted investigations by the so-called “green scorpions”. The team is from the Department of Agriculture, Rural Development, Land and Environmental Affairs. Also by the “blue scorpions” from the Department of Water and Sanitation.
Long-standing non-compliance
“The investigations confirmed long-standing non-compliance and deliberate failure to act,” Nyuswa said.
“Despite receiving directives to stop the unlawful practices, the municipality continued to ignore them.”
The municipality has entered into a plea and sentence agreement with the state. It acknowledged responsibility for its actions.
However, the court has postponed sentencing to April 8, 2025. This is to allow time for consideration of certain aspects of the agreement. Some of these include possible penalties and rehabilitation measures.
Turning point in municipal accountability
Environmental rights groups and residents have long expressed concerns about pollution in the area. This especially with the Olifants River forming part of a key water system in the region.
The guilty plea marks a rare instance where a municipality, as a legal entity, is held criminally accountable for environmental degradation.
It remains to be seen whether this case will set a precedent for similar actions against other defaulting municipalities across South Africa.
