Johannesburg - The Standerton Regional Court has imposed a fine of R70 million on Lekwa Local Municipality for contravening environmental legislation.
The municipality was found guilty on seven counts relating to: failure to comply with conditions stipulated in the waste management licence; prohibition of unauthorised disposal of waste; failure to comply with a compliance notice; unlawful water use; causing significant pollution to the environment; unlawful negligent disposition and distribution of raw untreated sewage; and failure to comply with directives issued.
The National Prosecuting Authority (NPA) Mpumalanga spokesperson Monica Nyuswa said this occurred from 2017 to 2022 when the municipality distributed and disposed of contaminated water in Standerton, which resulted in failure to comply with their licence. The municipality also negligently disposed of contaminated waste, which caused pollution to the environment.
Nyuswa said the municipality also impeded the flow of contaminated water within the public water channels and roads; they disposed of and distributed effluent raw and untreated sewage into the municipal sub-stations, including the Stein pump station, the Rooikoppen pump station, the Johan Street pump station, the Muller pump station, and the Taljaard pump station. She added that the municipality also failed to comply with directives and compliance notices that had been issued to it. Nyuswa said the State and the municipality entered into a plea agreement.
Advocate Thobeka Phungula addressed the court, saying that the offences were serious and affected the rights of citizens as enshrined in section 24 of the Constitution, including the right to an environment that is not harmful to their health or well-being and to have the environment protected, and that the offence had a detrimental effect on ecological systems and the use of natural resources.
She said the State also argued that the municipality must ensure service to its community, and by committing these offences, the municipality had failed its community and failed to comply with legislation relating to the protection of the environment, such as the National Environmental Management Act 107 of 1998 and the National Environmental Management Waste Act 59 of 2008. Phungula further argued that the failure to comply with notices caused the situation to deteriorate and led to essential equipment being damaged and the damage being extended into the Vaal Dam.
Nyuswa said that in mitigation, the defence argued that the accused takes responsibility for its actions and is remorseful; that the accused had started to put measures in place to remedy the situation; that the accused will ensure compliance with the law and all directives and notices issued in the future; and that the municipality will ensure that urgent repairs are done to faulty equipment and pump stations.
“The court took into consideration all factors and sentenced the municipality. The court ordered that the fine be used to effect urgent and necessary repairs of all affected equipment. It further ordered that proof of expenditure and repairs must be submitted to the Department of Agriculture, Rural Development, Land and Environmental Affairs. In addition, R500 000 must be paid to the Department of Water Services and the Department of Agriculture, Rural Development, Land, and Environmental Affairs for liabilities incurred during the investigation process,” Nyuswa said.
She said the NPA was pleased with the conviction and sentence.
The Star