eThekwini taken to court for ‘possum' stance on Durban beach sewage crisis
The civil court case over eThekwini's sewage management crisis, to be heard over two days in the Durban High Court from 24 to 25 July, is the culmination of separate legal actions brought by the DA and ActionSA more than two years ago.
The two party actions have now been joined into a single case to determine whether the City 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 heads of argument prepared by legal counsel Max du Plessis SC, Toni Palmer and Ruchir Naidoo, the DA alleges that the city leadership is 'playing possum' and resorted to 'opportunistic' excuses by denying culpability for the crisis.
Noting that the city's Water and Sanitation department had been presented with United Nations awards in 2007 and 2011 for 'world-class' sanitation and service delivery, the DA counsel recalled that problems were evident before the floods. For example, the City tried to blame water hyacinth for beach closures in December 2021, when the true reason was high levels of E. coli sewage bacteria being pumped into the Umgeni River from dysfunctional sewage treatment works.
'The question eThekwini studiously avoids in explaining its position in these proceedings is what happened between 2007 and now, to take this award-winning system to its present state? Plainly the infrastructure did not age or break overnight.
'Had eThekwini intended seriously to dispute the averment that it had underprioritised its wastewater infrastructure in the past decade, it would have done so by disclosing the amounts, its plans and confirming the adequacy of its budgetary allocations during this time. eThekwini's answering affidavit is entirely mum on this.'
But the City's counsel charge that the DA case is big on complaints but short on practical solutions. They say the party 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 City further argues that it is being asked to 'achieve the impossible', also indicating that full rehabilitation of sewage infrastructure could extend over 25 years.
Hastening the rehabilitation timeline would require diverting funds from other priorities such as housing, health or electricity.
'How much money and manpower can legitimately be moved away from housing to the (sewage) repair infrastructure? Does a new clinic get placed on hold until the repair work is undertaken. These are questions that the Democratic Alliance simply ignores…'
But the DA denies this, stating: 'This case is about finding practical ways to end the sewerage crisis, while respecting that eThekwini, while floundering and excuse-prone, is nonetheless the local executive authority.'
In the absence of political will and the City's failure to develop 'meaningful plans' to resolve the problems, court intervention was needed to craft a legal solution.
'This is relief which is forward-looking, meaningful and within this Court's powers to grant in order to resolve the true dispute between the parties: that is, securing compliance with environmental legislation in the interests of eThekwini residents and visitors and putting an end to continuing violation of human rights in contravention of the Constitution.
'The DA has not approached the Court to tell eThekwini that it knows better how to resolve the problem. It has not sought to dictate to eThekwini how it should prioritise spending of public money. It has not sought to dictate to eThekwini how to comply with the law. It has not sought to force a plan upon eThekwini, or bind its hands in developing such a plan.'
Rather, it was seeking to ensure that eThekwini produced a 'proper' action plan rather than elastic wish-lists.
'The (current eThekwini action plan) is not a plan at all, but an aspirational wish-list, the timelines for which are not deadlines, but mere suggestions, which will be revised and pushed back in order to accommodate them being ongoingly missed by eThekwini.'
The party further says that eThekwini strongly opposed any court supervision.
'Instead, it remains stuck in history, blaming its ageing infrastructure and limited budget as reasons to excuse it from complying with its constitutional and legal obligations… The law has been violated by the sewerage crisis for which eThekwini is responsible, and this must be recognised and declared by the Court.'
Speaking ahead of the court case, DA provincial spokesperson Dean Macpherson said his party had offered to drop the case and reach an out-of-court settlement, but this had been refused.
Therefore, his party had no alternative but to approach the courts because neither the provincial or national government had demonstrated a willingness to compel eThekwini to rectify the problems.
'We get no victory from dragging eThekwini and government departments to court to do their jobs and it should not be up to a political party to do this.'
In heads of argument prepared by advocates Vinay Naidoo SC, Immanuel Veerasamy and Minikazi Mtati, the City estimates that it will cost R4.5-billion to rehabilitate wastewater treatment infrastructure and a further R1.6-billion to maintain this network thereafter.
City officials argue that it is also unaffordable to protect all sewage pump stations from vandals and copper wire thieves as it would cost R900-million per year to provide on-site security guards at all 273 pump stations in the city.
As a result, on-site security was only provided at certain 'higher risk' stations.
'The Democratic Alliance would have the court focus on water and sanitation obligations imposed on the municipality to the exclusion of all other obligations… A full reading of the eThekwini Municipality's answering affidavit and the DA's complaints demonstrates that the problems are being attended to, just not with the expediency which the DA would want the municipality to do.' DM
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
TimesLIVE
11 hours ago
- TimesLIVE
Orange Farm library doors remain closed a year after handover
The handing over of a library to Orange Farm residents five days before elections last year was a political stunt by the Gauteng government aimed at swaying their votes because the multimillion rand facility is still not open to the public more than a year later. This is the view of the DA in Gauteng and some Orange Farm residents who have cried foul over the suspiciously timed handover of the R13.7m 'state-of-the-art' library just days before the general elections in May last year. 'If you look at the timing of the opening, it looks like it was political. They wanted us to vote for them [ANC]; it was a campaign of some sort. You never know,' said a resident who asked to remain anonymous. Despite the fanfare during the handover, the library in Drieziek remains quiet, its doors locked with dust piling on the windows. Outside, the grounds are showing signs of neglect, with the newly planted grass beginning to wither under the sun. The facility, which took nearly a decade to complete, was ceremoniously handed over by then Gauteng sport, arts, culture and recreation MEC Morakane Mosupyoe, five days before the polls. But according to the department, the City of Johannesburg was not ready to take over or operate the facility. The answer to a question by the DA's Kingsol Chabalala in the legislature last week shows more than R3m was also paid to 10 security companies to guard the facility during construction.
IOL News
18 hours ago
- IOL News
Enough is enough – no more racism in our schools! What are we teaching them?
Democracy a tool for good governance This week's visit by key political figures and stakeholders from the National Council of Namibia, along with the Regional Representative of the Commonwealth Parliamentary Association (CPA) Southern Africa Sub-Region Executive Committee to KwaZulu-Natal, is warmly welcomed by the Democratic Alliance (DA), a solid partner of the Government of Provincial Unity (GPU).The visit underscores the importance of our constitutional democracy in shaping a more accountable and inclusive region. Furthermore, constitutional democracy, as is particularly practiced in South Africa, remains a bedrock of our governance structure, ensuring that elected leaders, at all levels, are held accountable to the people they serve. Within the South African system, the government is also directly answerable to the people through parliamentary structures. This represents the will of the electorate and aims to ensure a transparent, responsive system where leaders are consistently required to justify policies and actions. The DA is acutely aware that KZN's official opposition party – the MKP – has rejected such a democratic system. Instead, the MKP seeks to create a system where parliamentarians are not accountable to the electorate and only to the institution, which they believe should reign supreme. This is a system that South Africa was freed of in 1994 through the ballot box. It is for this very reason that, in the South African context and particularly in KZN, this framework is essential for promoting inclusive governance. The DA believes that a functioning system within parliaments and legislatures not only strengthens democratic values but also guarantees that all voices – particularly those of marginalised communities – are represented in decision-making processes. With South Africa's diverse population, it is critical that our democracy reflects the interests and needs of every citizen. The DA in KZN remains committed to encouraging greater participation in the democratic process. Through regular elections, we offer citizens the opportunity to assess government performance, ensuring that power remains in their hands. Democracy remains our strongest tool for fostering good governance, stability, and progress in South Africa, while the KZN Legislature is well positioned to share its well-created procedures and systems. The DA sincerely hopes that the Namibian delegation will enjoy our province's generous hospitality, beautiful scenery, and spirit of ubuntu. We trust that continued engagement will build a stronger, more accountable government — one that can effectively address KZN's unique challenges .DR IMRAN KEEKA, MPL | DA chief whip in the KZN Legislature Enough is enough – no more racism! Blatant and brazen acts of racism, are still heard in the halls of our schools and learning institutions. Scholars are being labelled as 'monkeys' in acts of humiliation that cannot be allowed to continue. Racial discrimination at schools must be exposed, and thoroughly investigated, and those exposed should be dismissed from the teaching profession. Their deeds and pictures should be displayed in our hall of shame. Today people of prejudice have learned how to camouflage their racism in various codes and convoluted euphemisms. These racist remarks should not be whitewashed. They need to be properly, accurately, and verbatim catalogued in our hall of shame and made available to future generations. These outbursts indicate deep entrenchments of racial prejudices and stereotypes. These toxic words endure because they are so poisonous. Racial slurs have been buried and thrown on the trash heap, many times. Yet they still rise like zombies undead creeping across our nation. Hurtful words that destroyed careers for those uttering it, yet it can be an endearment to others. These words are so embedded in racist culture that it is the ultimate epithet in reference to black people. Enough is enough, any form of racism must be thoroughly cleansed. | FAROUK ARAIE Johannesburg Leave of absence was the wrong choice A few weeks ago, South Africans heard the serious allegations about the existence and operation of a sophisticated criminal syndicate that has allegedly infiltrated law enforcement structures. On Sunday, July 13, President Cyril Ramaphosa announced the formation of a commission of inquiry to focus on the shocking allegations that KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi recently made and how the alleged deep-rooted corruption will be dealt with. While I agree that the allegations must be attended to with the necessary diligence and all parties must be given a fair chance to express themselves, citizens are tired of the many costly, time- consuming and unsuccessful commissions of inquiries. The most famous commission of inquiry, the Judicial Commission of Inquiry into Allegations of State Capture, Corruption, and Fraud in the Public Sector also known as the Zondo Commission, is yet to see the recommendations being fully implemented and justice served against those who benefited or gained from the abuse of power and state capture. Instead of a 'leave of absence', Ramaphosa should have suspended Minister Senzo Mchunu as a deterrent measure, thoroughly investigate the allegations, and then, if proven on a balance of probability dismiss the minister after a fair hearing. Commissions, which have the possibility to uncover the truth, only matter if their findings lead to action and are backed by consequences, sanctions and justice. | MOHAMED SAEED Pietermaritzburg This is what he would have wanted I honour Madiba's legacy by seeking to do good every day of my life, wherever I may find myself! On Friday, I watched how the hyenas donned sheep skin to do good in the name of Madiba. They kept quoting Nelson Mandela, using his name, not to be captivated by his teachings. What should have been the language of life-giving hope and shared solidarity has instead become the empty prattle of useless after rally talk, the conscience salving piety of vain political discourse, the self-serving sermonizing of media pieces. They feed the poor with slogans and rhetoric statements instead of food, while they fatten themselves on the hopes and trust of the poor. I listened to many ANC leaders and ministers uttering useless drivel about the great man and how we should learn from his example, whereas they are the greatest violators of the very same legacy. I witnessed commercial entities putting on carefully planned and choreographed events in honour of his legacy, and the rest of the year, they do very little to live up to that legacy.I was not surprised to see cheap politicking and campaigning activities aimed at serving their own interest going at the same time. How much of these events are truly altruistic, purely for the benefit of the less fortunate? I say again: I'm committed to doing good every day of my life, everywhere i find myself! This is what the great man would have wanted! And this is what the country needs! | Thulani Dasa Khayelitsha DAILY NEWS
Daily Maverick
a day ago
- Daily Maverick
The GNU has failed the only test that matters: growing the economy and delivering jobs
The national coalition is entering yet another week it may not survive. While there have been real mistakes of leadership – and the ANC and the DA cannot give up their patterns from the past – it is becoming increasingly obvious that what is missing is a sense of mission. Because the parties involved are not focusing on the economy, and particularly youth unemployment, the coalition can give the impression that it is doomed. When the national coalition was formed and the ANC and the DA agreed to work together, along with eight other parties, there was some discussion about how to assess, in the future, whether the coalition was a success. Because the lived experience of so many South Africans has become so much tougher so quickly, it was pretty obvious, back in June 2024, that the real test was the economy. As has been said many, many, many times before, our youth unemployment is now so bad that it is easily the biggest long-term problem we face. Despite this obvious fact, disputed by nobody, the coalition has done nothing. At the same time, it appears the coalition is missing a sense of unity around a purpose. There appears to be no sense of 'mission' that could help bring people from different political backgrounds together. Instead, it can give the impression of a group of people united only by their belief that they should be in Cabinet and the MK party and the EFF should be out of it. If the coalition had created a sense of mission by focusing on youth unemployment, perhaps this could have brought them together. Surely parties as far apart politically as the PAC and the FF+ agree that helping young people into jobs and giving them hope is vital for our future. If the coalition had this sense of mission, perhaps it would have been able to overcome the lack of leadership and personal chemistry that is currently on display. It would have been much easier to overcome disagreements over the Budget, or the still-strange firing of the DA's Andrew Whitfield, if there had been another ultimate aim. But that is curiously lacking. And, strangely, it is not just the coalition. Direction unknown While there are many differing views about whether a National Dialogue would really be constructive, one of the most powerful arguments against it is that it will lack focus. It appears to include people from almost all parts of our public life. And their job is to discuss pretty much everything. This will probably be fatal to the process. It is hard to see what can really be achieved. Surely no decisions will be made that will alter the nature of our economy. Instead, it appears that many of our politicians, whether they are a part of the coalition, or supporting a dialogue, are more comfortable discussing issues other than the economy. There is a curious lack of focus. Of course, Operation Vulindlela and the progress it is making should not be ignored. Some of its measures, dealing with load shedding and the progress it's made at Transnet, are making slow changes to our economy that should be celebrated. But our politicians appear to lack the will to make the real changes that will matter. This is part of a pattern which took hold some time ago. Fifteen years ago, I made the same point about the ANC's lack of focus on the economy. At least eight years ago, ANC members made the same point on these pages. Government itself said back in 2020, even before the pandemic, that the economy was not going to grow unless there was action. This lack of focus obviously predates President Cyril Ramaphosa. Rather, it may be a feature of how the ANC has governed over the years. In 2007, days after winning the ANC leadership at Polokwane, Jacob Zuma gave very few clues on governance priorities. In 2009, the ANC said it had five 'apex priorities'. During the Zuma era in government, this lack of focus revealed itself in interesting ways. For example, in 2014 he appointed inter-ministerial committees to deal with particular issues. These committees were huge. The committee appointed to work against corruption (this was in the relatively early days of the Zuma era – the full irony of this committee would emerge later) included nine ministers. The committee on information and publicity had 12 (twelve!) members. It should be no surprise to anyone that nothing constructive was done here. Too many cooks There is, of course, a structural reason for all of this. As our society is so diverse, with so many different constituencies, politicians often struggle to be involved in discussions that will involve trade-offs. They do not want to be seen to be losing a single vote. The fact that the ANC set the tone for this may well be because it had the most diverse group of constituencies of all our parties. Simply put, it was always too broad a church to create economic policy that could include trade-offs. Something similar might well be happening today. The coalition is simply too broad to make the decisions that matter. For this reason, the National Dialogue might well appear to fail as well. It is true that there are many other factors holding our economy back. They include the fact that so many people have literally been betrayed by our education system, that inequality generally harms economic growth and that our infrastructure has been allowed to rot. None of this will be overcome without political will. For the moment, members of the national coalition are displaying none of the will, and the unity, necessary to change this. There will be many casualties as a result of this inaction.
