Durban — Three criminal cases were opened last year against the eThekwini Municipality for the contravention of the National Environmental Management Act (Nema), 1998.
That was revealed in a parliamentary written question by the DA to the KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs (Edtea).
Edtea head Nhlakanipho Nkontwana responded to questions about directives issued to the eThekwini Municipality in relation to the alleged sewage pollution and water contamination.
Nkontwana said that a total of five pre-directives and two directives were issued from January 1, 2022, to November 15, 2022, to the eThekwini Municipality.
“All these notices were issued in terms of (the) National Environmental Management Act, 1998,” Nkontwana said.
When asked how many criminal charges have been opened against the eThekwini Municipality since January 1, 2022, to date, for contravention of Nema or the Water Act, Nkontwana said that three criminal cases had been opened against the municipality in terms of Nema.
Nkontwana was also asked if Edtea considered the ongoing sewerage leaks or spills and damaged infrastructure a health and environmental risk to the citizens of eThekwini.
“Yes, the department does consider the sewage spills a risk to the natural environment and human health, therefore the department issued the above-mentioned pre-directives and directives.
“Due to the serious risks posed to human beings and environment, the department is engaging with the eThekwini Municipality on a weekly basis to track the progress in terms of the repairs as well as the level of compliance with the directives.
“The department has registered three criminal cases against the eThekwini Municipality and is also conducting investigation against other alleged transgressions,” Nkontwana said.
Reacting to the reply, DA KZN Edtea spokesperson Heinz de Boer said that the management of eThekwini Municipality appeared to be immune from South Africa's environmental pollution regulations despite being the subject of three criminal charges, along with a host of other probes.
De Boer said that the investigations formed part of the Nema compliance and prosecution process, yet government investigative officers appeared to ignore them or take no action.
“Durban and its associated beaches and rivers have, for more than a year, been decimated by dysfunctional sewerage infrastructure. While some progress has been made in repairs, peri-urban regions and Pinetown continue to be heavily polluted by broken infrastructure,” De Boer said.
He said that the DA had for years advocated that environmental cases are treated in the same manner as criminal matters – with those officials found responsible, arrested and formally charged.
De Boer said that despite claims by Edtea of “serious risks posed to human beings and environment”, effective remedial action hadn’t been spurred on.
History also showed that the National Prosecuting Authority (NPA) and SAPS rarely arrest accounting officers for potential environmental contraventions – leaving citizens in the proverbial excrement.
“The DA believes there will be a marked improvement in sewerage infrastructure repairs if the law is allowed to take its course. Extremely well-paid municipal officials must be held criminally accountable for environmental pollution,” De Boer said.
“Our Constitution and Nema form the foundation of our environmental protection policy. Government – which has been entrusted with defending our core human rights – must now uphold these laws on behalf of the people.”
Daily News