In the complaints received, it was alleged that the sewage spillages and/or the inadequate treatment of waste water at the abovementioned municipalities violated the affected communities’ right to an environment that is not harmful to health and well-being (section 24 of the Constitution).

Following a lengthy investigation of these complaints, which included corresponding with all the relevant parties, site inspections and investigative inquiries, the Commission has issued its final investigative report on the matter.
In the report, the Commission has found that, amongst others, the cited municipalities are:
•    In violation of sections 24(a) and 10 of the Constitution, as a result of their continued failure to effectively address the challenges of sewage spillages and the inadequate treatment of effluent within their jurisdictions.
•    In breach of their obligations in terms of section 19 of the National Water Act 36 of 1998 (“National Water Act”) and Section 28 of the National Environmental Management Act 107 of 1998 (“NEMA”) respectively, as a result of their failure to prevent and remedy the effects of environmental pollution, in the course of providing sanitation services to their residents.
•    In breach of their obligations in terms of section 9 of the National Standards and Measures to Conserve Water by continuing to receive and discharge untreated and/or inadequately treated sewage into the water resources.

The Commission has further found that:
•    Nkomazi and Lekwa Local Municipalities are also in breach of their obligations in terms of section 9 of the National Standards and Measures to Conserve Water by continuing to accept more sewage waste into their sewer systems than the sewage treatment plants linked to those systems are capable of purifying or treating to the required standard.
•    Whilst the causes of these challenges are many, they may be attributed to the constrained capacity of existing sewer systems (as a result of poorly planned and executed development); lack of pre-emptive and routine maintenance of the sewer systems; inadequate monitoring and evaluation of project delivery and lack of accountability for the poor workmanship in the installation of the sewer network in the jurisdiction of the respective municipalities; and inadequate security measures to safeguard sewage infrastructure.
In view of the above findings, the Commission has made various directives aimed at ensuring that the challenges identified are addressed in the short to long term. The Commission specifically called on the provincial government to comply with its constitutional obligation of supporting and strengthening the capacity of municipalities to enable them to manage their own affairs, and perform their functions, which includes the fulfilment of their obligations in terms of section 24 of the Constitution, as well as the relevant environmental legislation.
The Commission has also called for the criminal investigation of the complaints against the cited municipalities, as environmental pollution is not only a violation of a right but a criminal offence in terms of the various environmental legislation. Moreover, the Commission has called for strict enforcement of the “polluter pays principle” against all environmental polluters, including state institutions and functionaries.

The Commission will continue to monitor compliance with its report directives.

Ends

For further information or enquiries, please contact: SAHRC Mpumalanga Provincial Manager, Mr. E Mokonyama (This email address is being protected from spambots. You need JavaScript enabled to view it.; 013 – 752 5890/078 670 4360).