eThekwini municipality has been ordered by the Pietermaritzburg high court to take urgent steps to address its long-running sewage crisis.
KwaZulu-Natal judge president Thoba Poyo-Dlwati delivered the judgement on Thursday after legal action brought by ActionSA and the DA — in November 2022 and June 2023, respectively — over persistent pollution of rivers and beaches in the city. The two applications were heard together in July.
The court’s ruling compels the city to take a range of measures to protect the public’s right to a safe and healthy environment.
As part of the order, the municipality must:
- publish weekly E. coli test results for all public beaches on its website, social media and at the beaches;
- urgently implement an action plan to repair and maintain sewer infrastructure and report back to the court on progress made; and
- communicate widely with communities living and working near rivers and beaches about water-related hazards and pollution.
Poyo-Dlwati noted that the municipality made sufficient efforts to address the complaints in this application, as shown by a revised action plan, and comply with its obligations.
She added that the city has not shown itself to be a political delinquent, though it was slow at times to comply with court orders.
Despite the two parties’ applications being heard together, the court chose to separate the judgments. The ruling delivered on Thursday only addresses the DA’s application.
DA eThekwini mayoral candidate Haniff Hoosen welcomed the judgment, saying the party went to court only after the municipality failed to act.
“For far too long the political leadership of eThekwini have taken the public for granted and ignored the scores of complaints regarding sewer overflows into our rivers and ocean.”
He said the city’s sewage problems have caused repeated beach closures, damaged the environment and hurt local businesses.
Though ActionSA is still waiting for the judgment on its application, KwaZulu-Natal chairperson Zwakele Mncwango welcomed Thursday’s ruling, calling it a win for residents.
He reiterated the party was the first to start the legal case, and the court order reflected its ambition.
Two weeks ago the city announced all 23 of its beaches were open for the festive season. Last week, however, it was forced to close Umhlanga and Bronze beaches due to the “abuse of sewer infrastructure”.
The city didn’t respond to requests for comment on the court ruling.
TimesLIVE
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