The case against the municipality was postponed to Monday, 4 May, in the Vereeniging Magistrate’s Court after the NPA said it would add further charges in terms of the Criminal Procedure Act.

Opened by the FF Plus back in 2020, the case marks a significant moment in a long-running environmental and human rights crisis affecting communities in Evaton, Sebokeng, Vaal Oewer, Vanderbijlpark, and Vereeniging.

Simultaneously, a criminal complaint was filed against the then-administrator at the Vanderbijlpark police station. Due to persistent negligence and poor maintenance, the sewage system failed as early as 2018.

“For years rural sewage has flowed through streets in the Vaal triangle into homes and directly into the river system,” said FF Plus Cllr Gerda Senekal. “The national prosecuting authority is ready to prosecute the municipality. 

“Too many times, Emfuleni has just gotten away with everything with no accountability, no consequence. Now I am really hoping this is the time and the place that we do get good news.”

The party also brought the matter to the attention of the SA Human Rights Commission, which, after a thorough investigation, declared the pollution a violation of residents’ constitutional right to a healthy environment and clean water, she said. In 2021, the commission found the Vaal River had been polluted beyond acceptable standards, following an investigation into the sewage that had been spilling into the river.

Emfuleni municipal manager April Ntuli appeared in the Vereeniging Magistrate’s Court on Tuesday (3/3) on behalf of Emfuleni on five charges relating to serious environmental pollution and contraventions of the National Environmental Management Act and the National Water Act.

“I can confirm the appearance, but it was just brief and legal teams exchanged notes, documentation, nothing more,” said Emfuleni spokesperson Makhosonke Sangweni.

“We also request patience from the public and fourth estate as the matter is sub judice and (we) therefore can only make public comments around it after the court has expressed itself or when we reach important milestones, at this stage we cannot comment.”

‘Severe pollution occurred as a result of negligence’

Sedibeng Ster reports the charges are:

• Violation of the National Environmental Management Act: between April 2018 and April 2024, several pump stations (16, 10, 8, 6, 5, and 38) unlawfully dumped sewage in the Vaal River.
• Violation of the National Water Act: the Rietvlei water treatment plant discharged more than the permitted quantity of wastewater between September 2018 and August 2019.
• During that same period, the Sebokeng wastewater treatment plant failed to comply with the conditions of its water use licences.
• The Leeuwkuil wastewater treatment works also did not comply with its license and unlawfully discharged wastewater.
• Between April 2018 and 2024, severe pollution occurred as a result of negligence at the Leeuwkuil and Rietspruit plants, as well as pump stations 16, 10, 8, and 5.

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OFM News/Zenande Mpame