Water and Sanitation Deputy Minister, Sello Seitlholo, has welcomed the Balfour Magistrate's Court decision to impose a R160 million fine on Dipaleseng Local Municipality in Mpumalanga for contravening environmental laws, and significantly impacting the livelihoods of residents and livestock.
The court handed down the judgment on Friday, 15 November. The local municipality was found guilty of contravening the National Environmental Act (NEMA) 107 of 1998; the pollution of water resources; the contravention of the National Water Act 36 of 1998; failure to comply with remedial directives, and unauthorised disposal of water.
The court found that between December 2018 to August 2023, the municipality committed environmental misconduct, which caused significant pollution to the environment.
This included disposing and distributing raw blood sewage sludge, and the affluent of raw and untreated sewage, with high amounts of faecal coliform and E.coli, into various water sources and communities, which included the Suikerbostant River, Gasteplaas Dam and Vlakfontein Farm Waste Water Treatment Works.
The affected areas included Balfour town, Kanini township, Greylingstad, Grootvlei, Nthoarane and Siyathemba township, amongst others.
Seitlholo described the court ruling as a pivotal step in holding environmental offenders accountable.
The Deputy Minister said the court ruling reaffirmed the department's commitment to enforcing compliance with environmental laws across the country.
"This court ruling is a significant milestone in our efforts to hold polluters accountable. The R160 million fine should serve as a wake-up call to other municipalities that fail to comply with environmental and water management regulations," Seitlholo said.
He assured that the department will not hesitate to take firm action against any entity that disregards its legal obligations.
The court judgment came as several complaints we made by members of the Balfour community about water pollution, which resulted in the death of their livestock and affected the livelihoods of residents.
This set the wheels in motion for investigations by the Department of Water and Sanitation, alongside the Department of Agriculture, Rural Development, Land and Environmental Affairs, which uncovered gross misconduct by the Dipaleseng Local Municipality.
The court found that the gross misconduct of Dipaleseng Municipality subjected Balfour residents to inhumane living conditions due to the constant sewage spills in the entire municipal area.
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The residents were also subjected to poor drinking water quality, as the Balfour Wastewater Treatment Works and Reservoirs continue to be neglected, wherein no efficient operation and maintenance take place.
"The fact that the municipality pled guilty on all the counts brought to them underscores the seriousness of the offences, and reinforces the department's resolve to enforce accountability. Municipalities must implement corrective measures to prevent further harm to our environment and communities," Seitlholo said.
The court imposed a R160 million fine, with R40 million being suspended for a period of five years on condition that the municipality is not convicted of contravention of Section 49 A of the National Environmental Management Act 56 of 2000 and Section 151 of National Water Act 36 of 1998 or any other offences, of which pollution is an element during the period of suspension.
Seitlholo said that the Department of Water and Sanitation continues to work in earnest to ensure that compliance notices given to municipalities are implemented to safeguard the environment and the livelihood of residents across the country.
