Durban — ActionSA in KwaZulu-Natal filed court papers in the Durban High Court on Wednesday to compel Co-operative Governance Minister Nkosazana Dlamini Zuma; Water and Sanitation Minister Senzo Mchunu; the KwaZulu-Natal Provincial government; and eThekwini municipality and others to fix the sewage crisis across Durban beaches.
It came days after eThekwini Mayor Mxolisi Kaunda announced that a budget of more than R250 million was allocated to repair sewer infrastructure.
Last month, Kaunda said: “A contractor has already started to repair the Ohlange Sewer Pump Station contaminating the Ohlange River and uMhlanga Beach.
“Work is also under way to procure extra pumps and generators, particularly to pump stations along the coast.”
ActionSA’s provincial leader Zwakele Mncwango said President Cyril Ramaphosa’s promise in April of R1 billion to repair critical infrastructure in the province after the floods never materialised, even with a disaster declaration. This resulted in sewage running through people’s homes, and contaminating the previously pristine beaches.
“Despite a letter of demand by ActionSA and a continued public outcry, the ministers and ANC-led governments have, in the past seven months, failed to address sewage running into rivers and the ocean, threatening the health of those using the water sources.”
Mncwango said ActionSA found the city’s decision to reopen beaches to be flawed as independent water testing has shown that E.coli levels caused by sewage, are up to a thousand times higher than what is safe for use.
ActionSA was confident that judicial oversight will force the executive to remedy the cesspit they have allowed to persist, he said. In court papers, the party asked that the court compel authorities to appoint an independent water sanitation expert to obtain daily E.coli readings to keep the public updated and to ensure water readings improvements can be trusted.
It also asks the court to declare the conduct of government at municipal, provincial and national levels unconstitutional in failing to maintain, repair and replace infrastructure necessary to prevent the flow of sewage and untreated effluent into waterways.
ActionSA is further asking that within 30 days of the court order, a list be supplied of all the wastewater pumping stations and treatment plants currently non-operational or vandalised or in a state of disrepair.
Also, that the respondents be directed to implement interim measures to ensure wastewater pumping stations and treatment plants be rendered operational and all untreated effluent and sewage entering the oceans be redirected to wastewater treatment plants. Further, that an independent sanitation specialist prepare a report detailing remedial steps required, time frames and cost to make them operational.
eThekwini spokesperson Msawakhe Mayisela said they are not aware of court papers filed by ActionSA.
“We are very proud of the strides we’ve made so far to attend to the flood-damaged infrastructure. This was a natural disaster, not of our making. We understand the frustration but we are trying our best to ensure things get back to normal.”
Daily News