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I along with ActionSA's legal team comprising Hein Valentine from MVMT Inc. Attorneys and our counsel, Adv. Gillian Benson, as well as a delegation from ActionSA and the MEC of COGTA (and their representatives), have completed the first leg of the site inspection tour of various non-operational sewerage pump stations and wastewater treatment works (WWTW) in the North of eThekwini Municipality.

For the past couple of months, Adv. Benson has been actively engaging with the legal representatives of the eThekwini Municipality, appealing for this site inspection to be embarked upon, as we believe it is an important step in gathering evidence for our litigation against the Municipality for their failure to repair sewer infrastructure. The request was ignored until such time that a Notice was issued in terms of the Rules of Court to force an inspection in ten days.

It is no surprise that in choosing areas for us to inspect, the Municipality deliberately chose those sites that they have commenced to repair. The comedy is that the repairs were being undertaken as we arrived at each site and are only “temporary”.

On Walter Reid Road in Tongaat, a pipe that had been damaged in floods that took place over a decade ago in the city, was actively spewing sewerage over 3 weeks ago, and was documented by ActionSA Councillor, Alan Beesley and environmental activist, Peter Graham. 

According to information received from workers in businesses within the area, sewerage had been spilling unceasingly from that pipe for months but had been halted when the team arrived. 

Interestingly, a sewer pipe on Hlalanathi Road in Tongaat was being actively repaired during our inspection. 

The Umhlanga WWTW has been non-operational since before the April 2022 floods. It appeared that young adults are being employed to clean up the area (for our inspection), with no protective gear, and in egregious conditions. This in itself is of great cause for concern.

Despite eThekwini being the fastest-growing Municipality in KwaZulu-Natal, it is a further cause for concern that eThekwini has failed to build new plants to accommodate the growth of the population in the Municipality. Up on the hill, of most of the sites, huge developments are being built, which will only add to the pollution of our oceans. 

In March of this year, eThekwini Mayor, Mxolisi Kaunda, announced on social media that funds to repair flood damages have been made available to the Municipality, however, there has been little effort from Municipal leaders to begin the process of repairing the infrastructure. 

And it is for this reason that we will not back off from this litigation. eThekwini has to be held accountable for their non-performance, violation of human rights and the absolute destruction of our environment. 

We will be discussing a date for the second leg of the inspection in the South of eThekwini with the Municipality's legal representatives, which will be communicated in due course.  We are advised this will be next Friday.

Issued by ActionSA KZN Provincial Chairperson Zwakele Mncwango