Durban – The DA in eThekwini said it had taken its first step in legal action over the sewage crisis in the municipality.
DA eThekwini caucus leader Thabani Mthethwa said a 10-page letter of demand from the party’s lawyers had been sent to the eThekwini Municipality and the provincial and national governments regarding their failure to address the crisis.
The letter was addressed to eThekwini Municipality city manager Musa Mbhele, Economic Development, Tourism & Environmental Affairs (Edtea) MEC Siboniso Duma, Edtea head Nhlakanipho Nkontwana, Water and Sanitation director-general Sean Phillips, Minister of Forestry, Fisheries and the Environment Barbara Creecy, Water and Sanitation Minister Senzo Mchunu and Co-operative Governance and Traditional Affairs MEC Sihle Zikalala.
Mthethwa said the DA was focusing its legal challenge on Section 24 and 152 (1)(b) and (c), Part B of Schedule 4 to the Constitution, the National Water Act 38 of 1998 and the National Environmental Management Act (Nema).
“It is clear that there has been a severe violation of the Constitution and various pieces of legislation by eThekwini and national government which has resulted in the sewage crisis residents currently face, as well as the unmitigated environmental disaster currently unfolding in our rivers and ocean, resulting in the opening and closing of beaches,” Mthethwa said.
“It has also become clear that the municipality has ignored various directives from the Department of Forestry, Fisheries and Environment as well as the Department of Water and Sanitation.”
Mthethwa said that the DA had given the municipality 10 days to:
1. Confirm that the release and migration of all sewage or untreated effluent into the environment (including any river, estuary or water source) from any of the municipality’s wastewater treatment works, and all environmental directives and notices issued to eThekwini, had been resolved.
2. Ensure daily reporting of the E.coli levels at all the municipality’s beaches on http://beachwater.durban.gov.za.
3. Provide a progress report outlining remedial measures taken to rehabilitate and monitor the environmental areas, including the rivers and waterways, affected by contamination through wastewater treatment works leakages.
4. Present a remediation plan to resolve the long-term challenges posed to wastewater treatment works and water infrastructure in the greater Durban area.
“Should the municipality fail to meet our demands within the time period, the DA will immediately approach the court in terms of Section 38 of the Constitution and Section 32 of Nema,” Mthethwa said.
He added that the DA in eThekwini would continue to fight for the residents and hold the ANC and its leadership accountable for this disaster.
Meanwhile, on Thursday, mayor Mxolisi Kaunda said the municipality had finalised this process and a budget of over R250 million had been set aside to repair sewerage infrastructure. For instance, a contractor had already started to repair the Ohlange Sewer Pump Station which was responsible for the contamination of the Ohlange River and uMhlanga Beach. Work was also under way to procure additional pumps and generators, particularly to pump stations along the coast.
He also indicated that contractors had been appointed to fix sewer pipes that were damaged by the floods in all four regions of the municipality. These repairs include all pipework responsible for bringing the sewage to the treatment works.
“We are confident that this repair work will be finalised before the festive season because we want our residents and visitors to have a joyous and memorable summer holiday,” Kaunda said.
Daily News