Durban — A parliamentary written reply to the DA in KwaZulu-Natal from the provincial Department of Economic Development, Tourism and Environmental Affairs (Edtea) revealed details around the laying of criminal charges against the eThekwini Municipality.
The charges relate to ongoing sewerage discharges into the Durban Harbour from Lavender Creek stormwater outlet (Margaret Mncadi Avenue) as a result of mechanical failure at Mahatma Gandhi pump station.
DA spokesperson on Edtea Heinz de Boer said the parliamentary questions revealed that the municipality may face more criminal charges as raw sewage continued to ravage rivers across the city.
The response was signed by Edtea MEC Siboniso Duma and head of department Nhlakanipho Nkontwana.
De Boer asked for more details about the case that was opened, charges that were laid, feedback on the progress of the investigation and alternate resolution plans in place to prevent the pollution of the harbour from the pump station.
In the response, the department said the case was opened at SAPS Maydon Wharf and the charges relate to the contravention of the National Environmental Management: Integrated Coastal Management Act (ICMA). The Department of Forestry, Fisheries and the Environment (DFFE) issued eThekwini Municipality with a Coastal Protection Notice in terms of Section 59 of ICMA for illegally discharging effluent to coastal waters without authorisation in contravention of Section 69 of ICMA. eThekwini failed to comply with the instructions in this notice.
(b) Section 79 (2)(e) states that “A person is guilty of category two offence if that person fails to comply with a coastal protection notice or access notice issued in terms of section 59”.
(c) Section 69 (1) “No person may discharge effluent that originates from a source on land into coastal waters except in terms of a general discharge authorisation contemplated in subsection (2) or a coastal waters discharge permit issued under this section by the minister after consultation with the minister responsible for water affairs in instances of discharge of effluent into an estuary”.
(d) Section 79(1)(a) states that “A person is guilty of category one offence if that person discharges effluent originating from a source on land into coastal waters in contravention of section 69”.
On the progress of the report, the department said the docket was under investigation and the investigating officer from DFFE was in the process of obtaining additional statements. DFFE is also still awaiting further evidence in relation to water quality results from the CSIR.
“Depending on the evidence collected, additional charges may be added to the docket,” the department said.
“Once the investigation has been finalised, the docket will be sent to the director of public prosecutions for a decision on whether or not to prosecute and which parties to prosecute.”
The department said eThekwini Municipality needed to urgently procure the missing pumps at the Mahatma Gandhi pump station.
“According to eThekwini, this pump station was designed to have four pumps working at all times but it is currently running on two pumps which results in the backflow of raw sewage into the harbour through Lavender Creek stormwater outfall when there is pump/system failure or during peak hours. The other two pumps have been out for repairs for more than two years now,” the department said.
The Coastal Protection Notice issued by the DFFE required the above to be done, among other things, and failure to comply with the instructions in the notice resulted in the initiation of the criminal case.
National police spokesperson Colonel Athlenda Mathe confirmed the registration of the Maydon Wharf CAS “relating to Contravention of Coastal Protection environmental Compliance. A specialist investigator at the Department of Environmental Affairs is currently investigating the case.”
De Boer said new information had however revealed that the city “failed to comply with the instructions” of the initial contravention notice and may now have further criminal charges thrown at it.
“The nonchalant attitude of the city and its ANC leadership has meanwhile been highlighted during a DA oversight inspection of the Umbilo River near Westmead earlier this week. An overflowing sewer manhole continues to discharge thousands of litres of effluent into the river. This while a totally destroyed sewerage pipe spills its contents into the watercourse,” De Boer said.
He said the oversight was conducted with DA PR councillor Rajendhra Maharaj, and it showed how the city had yet to fix the critical road, electrical and sewerage infrastructure. Importantly, the Umbilo River flows through dozens of neighbourhoods before discharging into the Durban Harbour.
De Boer said adding to the disaster was evidence of dye substances also being discharged into the now broken sewerage system, further contaminating the water and riverbanks. This ongoing spill must be added to the active docket and the DA welcomes the involvement of the CSIR in the investigation.
“It is only once city managers and municipal staff are held fully liable – through criminal charges and court appearances – that municipalities will start taking environmental laws seriously.
“The DA remains committed to ensuring this outcome in the interests of KZN’s people and its natural heritage,” he said.
Daily News