The Department of Water Affairs and Sanitation (DWS), has opened criminal cases against municipalities for non-compliance, according to Wisane Mavasa, Spokesperson for the Department.
He said 88 cases were filed against 52 municipalities.
There are about 78 cases where charges were laid and an active investigation is underway.
5 of these are preparing to go to trial or are in court.
From 2017 to date, 5 cases have a ruling that is being monitored and or implemented by the Department, as a result of a court decision.
All 5 cases were plea and sentence agreements.
The Intergovernmental Relations Framework Act (IGFRA) (Act 13, of 2005), lays a framework for Government Departments to cooperate and work together. Its 4 principles according to Parliament’s website, are supporting one another, informing one another of, and consulting one another on, matters of common interest, coordinating their actions and legislation with one another, adhering to agreed procedures and avoiding legal proceedings against one another.
But Mavasa says, regarding IGRFA, “it must be kept in mind that DWS opens criminal cases where its administrative action has not been successful in attaining compliance. DWS always starts by providing the necessary support to the municipality and exhausts all the IGR process to attain compliance.”
He said where a municipality in a case receives a notice or a directive and provides an action plan to address the findings and implements that action plan, the Department does not pursue criminal prosecution.
“Criminal action is our last resort where the municipality has failed to act on our numerous directives as per the legislative provisions.”
Court action is against these Municipalities: Moqhaka Local, Ngwathe Local, Ngwathe, Letsemeng Local, Nketoana Local, Maluti-A-Phofung Local (4), Mafube (4), Phumelela (2), Metsimaholo, Masilonyana, Mohokare, Mogale City, City of Johannesburg (3), Tshwane Metro (6), Rand West Local, Khutsong
Kokosi, Fochville, Wedela, Welverdiend, Merafong Local, Springs, Ekurhuleni Metropolitan, Devon, Lesedi, eThekwini Metro, Mopani District, Sekhukhune District (5), Mogalakwena Local (2), Modimolle-Mookgophong Local, Lephalale Local Municipality, Dr JS Moroka Local, Emalahleni (2),
Msukaligwa, Thaba Chweu Local Municipality, Ba-Phalaborwa, Emakhazeni, Albert Luthuli Local Municipality, Dipaleseng Local, Govan Mbeki Local Municipality, Victor Khanye, Maruleng, Ba-Phalaborwa, Thabazimbi Local Municipality, Lekwa-Teemane, Ngaka Modiri Molema, Mafikeng and Ngaka Modiri Molema (2), JB Marks, Kannaland Local Municipality, Sol Plaatjie (2), Sol Plaatjie, Magareng, Phokwane, Umsobomvu, Emthanjeni (2), Nama Khoi (8), Khai-Ma (3), !Kai Garib, Chris Hani District Municipality (2) and Amathole District Municipality (2).