Durban — The DA in KwaZulu-Natal has filed 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.
DA chairperson, MP Dean Macpherson, DA eThekwini caucus leader, Thabani Mthethwa and the DA’s eThekwini Exco member, Yogis Govender held a media briefing on Wednesday.
Macpherson said this was the culmination of months of work by their legal team and councillors to ensure that they have a solid case to compel the municipality to comply with relevant laws and legislation.
The DA also seeks to have the court compel the eThekwini Municipality 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).
Macpherson emphasised that this was distinctly different from any other court action that other organisations might be involved in.
“It is clear that the DA will have to do the job of enforcing governments’ own instructions. We have embarked on this specific course of action. 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,” he said.
Macpherson said other aspects included:
- 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 one month of the date of order, eThekwini must file a plan to address all non-compliance identified by EDTEA and set measurable deadlines for progress,
- Allowing interested parties to comment on the “Action Plan”,
- Within six 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,” Macpherson said.
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