President Cyril Ramaphosa has expressed grave concerns about the ongoing environmental health crisis in Mogale City. Vincent Magwenya, spokesperson for the President, said Ramaphosa has also expressed grave concerns about the ongoing environmental and health crisis in Mogale City.
This is in relation to the discharge of untreated sewage in Mogale City Local Municipality.
He has reached out to Premier Panyaza Lesufi, urging him to engage with the municipality as stipulated in Section 139 of the Constitution.
Multiple notices and directives issued to municipality
The president said the Department of Water and Sanitation (DWS) has confirmed the sewer spill and has issued multiple notices and directives to the municipality under the National Water Act, demanding urgent action to address sewage pollution since 2019.
“These directives have not been adhered to. Which has led the department to lay criminal charges for sewage pollution against the municipality in August of 2023. The department is assisting the police to investigate the charges and to compile a case docket.
“For the president, this situation poses a serious risk to human health, agriculture, economic activity and the environment. The sewage pollution from the municipality is adversely impacting the Cradle of Humankind. This is a UNESCO World Heritage Site,” said Magwenya.
Immediate repairs to the treatment facility
The president emphasised the need for immediate repairs to the Percy Steward wastewater treatment facility. The facility’s repair is crucial for resolving the sewage crisis.
“This may require partnership with business in the area, which should be explored. It is absolutely unacceptable that the situation has been allowed to reach such untenable levels. Costing business sustainability, jobs and livelihoods.
“President Ramaphosa wants the situation addressed as a matter of urgency. And in the process, wants those responsible for such a state of decline to be held accountable,” said Magwenya.
Copyright bill ruling
Magwenya announced that Ramaphosa has also referred the Copyright Amendment Bill and the Performers’ Protection Amendment Bill to the Constitutional Court for a ruling on their constitutionality.
This decision comes after the president previously urged Parliament to reconsider the proposed legislation.
Magwenya outlined the constitutional framework under which this referral is made. He cited Sections 79(4)(b) and 84(2)(c) of the Constitution.
These sections empower the president to either assent to bills or return them to Parliament. Or seek a determination from the Constitutional Court regarding their legality.
He notes that Ramaphosa has expressed serious reservations about certain provisions in the legislation as originally drafted and subsequently reconsidered by Parliament. His concerns primarily focus on potential infringements on constitutional rights. As well as the delegation of legislative authority.
Rights of creators and the broader public
Magwenya explained that Ramaphosa’s decision to involve the Constitutional Court underscores his commitment to upholding constitutional integrity. This while navigating the complexities of copyright law reform.
He said the president’s reservations regarding both the Copyright and Performers’ Protection Amendment Bills indicate a careful and cautious approach to legislation that impacts the rights of creators and the broader public.
The court’s decision will not only address the concerns raised by the President. It will also shape the future of copyright law in the country.
