By Lehlohonolo Lehana.
@GettyImages.
The Pietermaritzburg High Court has ruled in favour of the Democratic Alliance (DA) in the civil court case over eThekwini’s sewage management crisis.
The DA wanted the court to determine whether the Ethekwini municipality has responded reasonably to resolve the crisis and to also consider new measures, including the appointment of an independent administrator to supervise the City’s wastewater management and remediation plans.
While the City has largely blamed the crisis on the devastating flood events of April and May 2022 and limited budgets to repair the damage, the DA argues that the crisis is the direct result of years of failure and neglect in maintaining and upgrading infrastructure to cope with sewage flows generated by nearly four million city residents.
In response, the municipality argued that the DA has deliberately downplayed relevant factors such as the unprecedented floods and major financial constraints facing the city.
“The impact of the floods has been so significant that the eThekwini Municipality will now have to effectively rebuild damaged and destroyed infrastructure.”
The municipality further argued that it is being asked to “achieve the impossible”, also indicating that full rehabilitation of sewage infrastructure could extend over 25 years.
KwaZulu-Natal judge president Thoba Poyo-Dlwati delivered the judgement on Thursday, noted that the municipality made sufficient efforts to address the complaints in this application, as shown by a revised action plan, and comply with its obligations.
However the court has declared the municipality’s actions unconstitutional and unlawful. It directed it to publish weekly data on e.coli and within two months it must produce an action plan to fix the crisis.
Poyo-Dlwati added that the city has not shown itself to be a political delinquent, though it was slow at times to comply with court orders.
The municipality estimates that it will cost R4.5-billion to rehabilitate wastewater treatment infrastructure and a further R1.6-billion to maintain this network thereafter.
DA eThekwini mayoral candidate Haniff Hoosen welcomed the judgment, saying the party went to court only after the municipality failed to act.
“For far too long the political leadership of eThekwini have taken the public for granted and ignored the scores of complaints regarding sewer overflows into our rivers and ocean.”
He said the city’s sewage problems have caused repeated beach closures, damaged the environment and hurt local businesses.
ActionSA is still waiting for the judgment on its application, KwaZulu-Natal chairperson Zwakele Mncwango welcomed Thursday’s ruling, calling it a win for residents.