The Thaba Chweu Local Municipality in Mpumalanga has been found guilty and slapped with a fine of R10 million for the Contravention of Environmental Laws, by the Lydenburg Magistrates' Court.
The community of Mashishing have been complaining about sewer spillages and contaminated water flows since 2011.
NPA Mpumalanga regional spokesperson Monica Nyuswa said it was until 2021 when the Department of Water Affairs and Environmental Affairs brought the docket to the Director of Public Prosecutions office for a decision to institute criminal charges, and the matter was enrolled in April 2022.
She said since the first appearance the defence and the state had negotiations which subsequently came to a plea and a sentence agreement where the municipality pleaded guilty to seven counts related to the Contravention of National Water Act.
Nyuswa said the charges relate to unauthorized disposal of waste, unlawful water use, causing significant pollution to the environment, unlawful negligent disposition and distribution of raw untreated sewer, failure to comply with the conditions stipulated in the Water Use License issued in terms of Section 28 of the National Water Act, and failure to comply with a directive in terms of Section 19 and 53 of the National Water Act 36 of 1998.
Advocate Tula Bekwa led the investigation and consequently led the plea and sentence agreement.
The court penalized the municipality with R10 million of which half of it was suspended for five years, on the condition that it is not convicted of a similar offence during the period of suspension. Effectively, R 4.8 million is to be used in urgent repairs, and refurbishment of the municipal infrastructure and R200.000 of the R 5 000000 (five million rands) fine is to be used as payment for compensation to the Department of Environmental Affairs in Equal Shares for the expenses incurred during the investigation stages.
“We believe that this sentence will serve as a deterrent effect to certain organs of the state who do not uphold the rule of law,” said the Director of Public Prosecutions adv. Nkebe Kanyane.