Durban sewage spills: What the high court has directed eThekwini Municipality to do

The eThekwini Municipality has been directed by the Pietermaritzburg High Court to take a series of steps to ensure that the city’s water sources and beaches are not polluted by sewage.

The judgment was issued yesterday. The DA and ActionSA had taken the municipality to court, accusing it of failing to address sewage pollution that had led to the closure of the city’s beaches and had polluted other water sources.

While the cases of the DA and ActionSA were similar and heard at the same time, this particular judgment addressed the relief sought by the DA. The matter concerning ActionSA is still pending.

The judgment came some hours before the City announced that it had decided to close four beaches following the detection of pollution. It did not indicate what type of pollution had been found.

The affected beaches are: Blue Lagoon, EThekwini Beach, Country Club Beach and Battery Beach

The high court ruling compels the municipality to implement certain measures to protect the public’s right to a safe and healthy environment.

In the application, court documents read, “The DA alleged that eThekwini had failed to adequately maintain and operate wastewater treatment works throughout its jurisdiction. This has resulted in repeated and continued large-scale sewage spillage into rivers, water bodies, and tributaries which run into the ocean.

“This affected water quality and beaches within eThekwini, which could have a negative impact on the health and safety of residents, resulting in repeated beach closures, thereby crippling the economy of eThekwini, particularly the tourism sector,” said the court judgment.

The court documents stated that the municipality had been urged on various occasions to ensure the cessation of the release of black effluent caused by the discharge of raw sewage.

The court detailed other concerns, including that in February 2023, it was confirmed that about 40% of the city’s pump stations were not functional.

The court found that the municipality was in breach of several environmental notices issued by the other respondents. It ordered that within one month of the order, the municipality must:

• Publish on a weekly basis the results of E. coli readings of all public beaches on the municipality's website, social media platforms, and at public beaches.
• Urgently implement an action plan to conduct repairs and maintenance to sewer infrastructure and report to the court on the progress made.
• Communicate as widely as possible to the public living and working alongside beaches and rivers about water-related hazards and pollution affecting the relevant areas.

The court said within two months of the order, the municipality should pre-pare and file an amended action plan and any associated reports and substantiating documents, under oath, with the person designated, and address all compliance incidents identified by the second and third respondents.

DA eThekwini mayoral candidate Haniff Hoosen said they welcome and celebrate the judgment.

Responding to the court judgment, the eThekwini Municipality welcomed the ruling, adding that it has engaged its legal advisers to study the verdict in detail.

“The court acknowledged that the City had financial constraints, however it took steps such as reprioritising the budget in order to accommodate the flood disaster. The court also acknowledged the Action Plan, and that it was revised twice after engagements with the Department of Water and Sanitation as well as the Department of Economic Development, Tourism and Environ-mental Affairs.

“Due to the recognition of the above, the court refused to make an order directing the City to act under the court’s supervision.”

THE MERCURY