Municipal managers and directors of companies responsible for polluting water could be in for a surprise should the Department of Water and Sanitation have its way in tightening the legislation dealing with water pollution.
If the department succeeds in its attempt to introduce these amendments, municipal managers and directors of companies could be slapped with personal orders should their institutions be on the wrong side of the law.
Water and Sanitation Minister Pemmy Majodina disclosed this when responding to parliamentary questions from MK Party MP Thembinkosi Siboniso Mjadu, who asked about the steps her department has taken to tackle the challenges of water pollution and inadequate sanitation facilities in rural areas.
Majodina said water pollution may be from instances where the polluter cannot be pinpointed and it was normally due to land use management, including informal settlements that are not yet serviced or large-scale agricultural areas where pesticides may be used.
She also said the pollution could include discharge points of industries, mines or municipal wastewater works.
Majodina said her department had in recent years been strengthening its regulatory function and making its regulatory actions more consistent.
This has resulted in an increased number of civil actions and criminal charges against polluters, including municipalities for sewage pollution, she said.
“Since 2017, the Department of Water and Sanitation has opened 88 criminal cases for sewage pollution involving 52 municipalities, across all nine provinces. This follows non-responsiveness of the municipalities to notices and directives.”
She said the number of criminal charges was expected to increase further.
Majodina said investigations were currently under way in at least 78 of the criminal cases.
“For five cases, investigations are complete, and the National Prosecuting Authority has decided to prosecute (preparing to go to trial or in court),” she said.
Majodina also said the courts have ruled in five other cases, and her department was monitoring the implementation of the court decisions.
These cases have resulted in fines being imposed on municipalities such as the Govan Mbeki Local Municipality, which was fined R200 million.
The Thaba Chweu Local Municipality and Rand West Local Municipality were each fined R10m.
“The courts ordered the municipalities to allocate the fines to address the sewage pollution,” she said.
Asked about steps her department has taken to tackle the challenges of water pollution, Majodina said they were proposing amendments to the legislation to clamp down on the polluters.
The department has proposed amendments to the National Water Act to include additional offences and stronger penalties as well as personal liability of directors of companies and municipal managers.
“It is important to note that on average, it takes two to three years for a criminal case to be finalised, from the date of laying the charge at the police station to the date of a court ruling, whilst the pollution most likely continues,” she said.
Asked about steps taken to address inadequate sanitation facilities in rural areas, Majodina said the Constitution assigned the responsibility for ensuring access to water and sanitation services to the sphere of local government.
“The Department of Water and Sanitation provides support to municipalities by providing them with funding through the Regional Bulk Infrastructure Grant (RBIG) and Water Services Infrastructure Grant (WSIG).”
The department was currently funding 137 sanitation projects across all provinces.
“This consists of 117 projects through WSIG and 20 through RBIG.”
Cape Times