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The following remarks were made by DA KZN Chairperson, Dean Macpherson, DA eThekwini Caucus Leader, Councillor Thabani Mthethwa and DA eThekwini EXCO Member, Councillor Yogis Govender at a press briefing to announce our court action regarding the ongoing sewage crisis.

The DA in eThekwini has filled court papers with the Pietermaritzburg High Court to compel the ANC-run eThekwini Municipality to file a court approved action plan to address the continued sewage crisis which has overrun the city.

This is the culmination of months of work by our legal team and Councillors to ensure that we have a solid case to compel the municipality to comply with relevant laws and legislation.

The DA also seeks to have the Court compel eThekwini to comply with directives in terms of the National Environment Management Act (NEMA) which have been issued by the KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs (EDTEA). It is clear that the DA will have to do the job of enforcing governments own instructions.

The DA has embarked on this specific course of action because we believe it is the quickest and best way to solve this crisis using existing national legislation, and through government issued directives that must be complied with. This is distinctly different from any other court action that other organisations might be involved in.

Other aspects of our challenge include:
- Having the decision by eThekwini to not report the sewage spills as an “Emergency” in terms of section 30 of NEMA a violation of the Act,
- The decision of eThekwini to not file or produce an “Action Plan” or comply with directives from the Provincial and National Government issued as far back as January 2019, declared irrational, unreasonable, unlawful and unconstitutional,
- Within 1 month of the date of order, eThekwini must file a plan to address all non-compliance identified by EDTA and set measurable deadlines for progress,
- Allowing interested parties to comment on the “Action Plan”;
- Within 6 months of the order, eThekwini will have to report on progress on the plan and what it has achieved

It has become clear that the political and legal will by ANC-run governments and departments is non-existent to solve this crisis. That is why the DA will spare no effort or expense to protect the residents of eThekwini against this sewage nightmare.

Issued by Councillor Thabani Mthethwa - DA eThekwini Caucus Leader