The eThekwini Municipality’s sewage crisis was declared unconstitutional and unlawful by the Pietermaritzburg High Court on Thursday.
The Municipality was directed to publish weekly data on E.Coli and within 2 months, provide a turnaround plan.
The Democratic Alliance ( July 2023) in KZN alongside Action SA (November 2022), took the City to court.
Zwakele Mncwango, Chairperson of ActionSA in KZN, said the court outcome marks a victory in a legal battle to hold the eThekwini Municipality and the implicated government departments accountable for the devastating sewage crisis.
“As ActionSA has consistently argued, the eThekwini Municipality must comply with its legal obligations to repair and upgrade the severely dilapidated sewer infrastructure at the heart of this disaster, which has had devastating consequences for the city, its economy and its residents” said Mngcwango.
The eThekwini Municipality acknowledged the recent High Court judgment and said it has engaged its legal advisers to study the ruling in detail.
Gugu Sisilana, Spokesperson of the City said the court acknowledged that the City had financial constraints, however took steps such as reprioritising the budget in order to accommodate the flood disaster.
“The court also acknowledged the Action Plan, and that it was revised twice after engagements with the Department of Water and Sanitation as well as the Department of Economic Development, Tourism and Environmental Affairs. Due to the recognition of the above, the court refused to make an order directing the City to act under the court’s supervision.”
The City said it is already implementing several interventions in the Court’s directive, such as monitoring pollution, immediate closure of beaches based on test outcomes.
In addition, there is a 7.2% increase in cumulative compliance across Waste Water Treatment Works (WWTWs) over the past year, referencing the KwaMashu, Northern WWTWs, the Durban Central and Southern WWTWs.
The Cato Ridge and Central WWTWs are achieving full Green Drop compliance.
The City said it has committed to over R1.16 billion in capital investment to strengthen infrastructure, including major rehabilitations at key sites, including KwaMashu, Amanzimtoti, and uMhlanga.