The Bethal Magistrate's Court in Mpumalanga has imposed a fine of R200 million on the Govan Mbeki Local Municipality for contravention of environmental legislation.
The National Prosecuting Authority (NPA) in Mpumalanga said the hefty fine comes after the municipality was found guilty on six counts relating to contravention of the National Environmental Act (NEMA); pollution of water resources; contravention of the National Water Act; and failure to comply with a compliance notice.
Spokesperson for the NPA in Mpumalanga, Monica Nyuswa said the municipality was also found guilty of unauthorised disposal of water and contravention of laws which has a result of detrimentally affecting water resources.
“During the period between November 2019 to September 2020, the municipality unlawfully committed an act which caused significant pollution to the environment,” said Nyuswa..
“The disposal and distribution of affluent raw and untreated sewer into the following: Emzinoni location, eMbalenhle waste water treatment plant, Trichardt Spruit, Wela Mlambo, Leandra N17 pump station, Waterval Hoek River, Blesbok Spruit and Groot Spruit.”
The State and the municipality entered into a plea and sentence agreement.
“Advocate Beauty Cibangu addressed the court that the municipality is convicted of serious offences which had a detrimental effect on the ecological systems and it also affected the citizens the right to well being,” said Nyuswa.
In mitigation of sentence, the municipality’s representatives argued that the accused municipal authority takes responsibility for its actions by pleading guilty as a sign of remorse.
“In sentencing the municipality, all counts were taken together for purposes of sentence and the municipality was fined to a sum of R200 million, of which R50 million is suspended for a period of five years on condition that the municipality is not convicted of contravention of Section 49A of the National Environmental Management Act 5 of 2002 and Section 151 of the National Water Act 36 of 1998.”
The municipality was further ordered to repair all identified equipment as will be identified by a contractor on or before December 2026.
It was also ordered to installation weigh bridges at all landfill sites on or before May 30 next year.
The National Prosecuting Authority in Mpumalanga has welcomed the sentence, adding that it “will continue to prosecute without fear or favour”.
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