The DA has secured a trial date against the eThekwini municipality for its alleged negligence in addressing the city’s sewage and water crisis.
Scheduled for August 8 at the high court in Pietermaritzburg, the trial stems from a case initiated by Thabani Mbongiseni Mthethwa, representing the DA, who presented an affidavit outlining the dire environmental situation in eThekwini.
In the court papers that Sunday World has seen, Mthethwa outlines the sewage spillages impacting water quality and beaches.
Mthethwa and the DA accuse the municipality of neglecting its constitutional and statutory obligations, leading to environmental disasters, health risks, and economic downturns.
He asserts that despite repeated requests for information and action, eThekwini has failed to address the crisis adequately.
Declaratory review
The affidavit seeks court intervention to compel eThekwini to fulfil its duties, disclose environmental enforcement notices, and implement long-term solutions under court supervision.
Additionally, it highlights instances where eThekwini allegedly prioritised political appearances over public safety, such as reopening beaches despite health risks.
The DA asserts its standing to bring forth complaints under various legal provisions.
The party seeks expedited case management due to the urgency of the matter and highlights multiple directives, compliance notices, and beach closures due to high E.coli levels.
Despite efforts to address the crisis, many pump stations remain non-functional, indicating ongoing environmental violations by the municipality, the affidavit states.
The DA also seeks declaratory review and directory relief against eThekwini for violating national and international laws regarding environmental management.
It specifically asks for a declaration that eThekwini has broken several environmental laws, an investigation into why eThekwini has not been reporting incidents and making action plans, and a structural interdict that forces eThekwini to submit an action plan, give progress reports, and meet its duty of care for environmental remediation.
Additionally, it requests that eThekwini cover the costs of the legal proceedings and condonation for the later submission of a responding affidavit in the matter.
Parties’ failure to act decried
Chris Pappas, the DA’s premier candidate in KwaZulu-Natal, expressed the party’s commitment to addressing the sewage crisis.
He emphasised the importance of the issue for the residents of eThekwini and KwaZulu-Natal, criticising other parties for their lack of action and stressing the DA’s dedication to delivering tangible results.
“After launching the case in February 2023, the ANC-run eThekwini municipality has done everything possible to evade this day of reckoning,” he said.
“It even required the KZN Judge President, Thoba Portia Poyo-Dlwati, to instruct eThekwini by way of a court order to file answering affidavits to the DA’s papers so the case could proceed.
“The DA has spared no expense and hired the very best lawyers to bring this case before the courts in terms of the National Environmental Management Act because we understand the importance of this issue not only to the people of eThekwini but to all of KwaZulu-Natal.
“The DA is the only party that has taken this issue seriously, while other parties have done nothing except post pictures of themselves pointing at broken pipes.”
Meanwhile, sewage and spillages have become a national concern.
It was recently reported that the Department of Water and Sanitation has opened 36 criminal cases against 26 municipalities across the country for sewage spills that contravene environmental legislation.
Causes not addressed
This is welcome news, but according to ActionSA, it “does not go nearly far enough”.
While welcomed as a step forward, ActionSA national chairperson Michael Beaumont argued that it falls short of addressing the causes of the problem.
Beaumont raised concerns over the absence of municipalities in certain provinces from the list of those facing charges, emphasising the need for comprehensive solutions to sewage infrastructure failures nationwide.
He called for municipalities failing to adhere to turnaround plans to be placed under administration, with competent administrators ensuring the implementation of necessary measures.
Furthermore, Beaumont criticised what he termed the “buddy-buddy relationship” between tiers of government, suggesting that it has hindered accountability and exacerbated the sewage crisis.
“The fight against failing municipalities cannot be fought with kid gloves [sic],” he said.
“South Africans have a constitutionally protected right to safe water for household consumption, their right to health, their rights to economic development through agriculture and tourism, and their rights to enjoy their environment.”
