Matjhabeng Municipality fined R250,000 for contempt of court over sewage spill
Image: Supplied
The troubled Matjhabeng Local Municipality and its acting municipal manager, Thabo Panyani, have been found guilty of contempt of court and fined R250,000 after failing to address sewage spillage into business premises.
The sewage spillage into Nashua Welkom has been the subject of court proceedings dating back to 2021.
In September 2022, then-municipal manager Zingisa Tindleni was ordered to take all steps necessary to ensure full and timely compliance with the Free State High Court decision forcing the municipality to repair the sewage system and provide updates to Nashua Welkom's attorneys monthly until the repairs are finalised.
The municipality was also ordered to take all the necessary steps and ensure that temporary mobile pumps, which regulate the flow of sewerage within the interim installed pumps, are kept in place.
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Next
Stay
Close ✕
Additionally, the municipality was told to take all precautionary steps to avoid, in the interim, any possible contamination and/or associated problems/issues/damages with the sewage lines/infrastructure and the proper and effective flow thereof up until the final date of resolution of the matter as ordered.
Parties in the matter were then allowed to approach the court on the same papers, and duly supplemented, if need be, for the further directives and or orders in the event of a change of circumstances or non-compliance with the terms of the order.
In December last year, Nashua Welkom and the municipality agreed that as reasonably possible in the interim, the municipality will pump the sewerage lines at or near the company's premises in Welkom twice a day and, if necessary, and the circumstances change, as at rainfall, the municipality shall ensure that the pumping of the sewerage line is done at regular intervals, including jet pumping to address any emergency to avoid any possible contamination and/or associated problems/issues, including damages to its property.
In addition, the municipality also undertook to clean any current sewerage spills at Nashua Welkom's premises and surrounding areas to avoid any further pollution and or health risks and keep a logbook to be signed by the operator as well as the company immediately after the pumping.
However, the company approached the high court, arguing that the municipality had failed to comply with the order, and Acting Judge Suzanne Boonzaaier agreed last Thursday, June 5.
'In the circumstances, wilfulness could be inferred, placing an evidential burden on the respondents (the municipality and Panyani) to raise a reasonable doubt as to whether their non-compliance was wilful or in bad faith,' she found.
Nashua Welkom had wanted Panyani to be imprisoned for six months or such as the court might find appropriate and on conditions it deems appropriate.
But Acting Judge Boonzaaier ruled that previous court orders were issued when different officials held office in the local municipality.
'In my view, it would be inappropriate to attribute that responsibility to the current acting official in his personal capacity, particularly given the temporary nature of his position,' stated the acting judge.
She was, however, not persuaded that the municipality and Panyani made every reasonable effort to comply with the court order, as the issue persists, and its impact continues to be felt not only by Nashua Welkom but also by the general public.
Acting Judge Boonzaaier declared Matjhabeng and Panyani to be in contempt of court by failing to comply with three orders and ordered them to pay a fine of R250,000 to Nashua Welkom.
The fine was wholly suspended for six months on condition that the municipality and Panyani purge their contempt.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
3 hours ago
- IOL News
Daniel Smit's vehicle seized following the brutal brutal murder of Jerobejin van Wyk
Daniel Smit's vehicle has been seized by the Asset Forfeiture Unit. Image: Supplied Child murderer and self-confessed cultist Daniel Smit's bakkie, used in the kidnapping and brutal murder of 13-year-old Jerobejin van Wyk, has been seized by the Asset Forfeiture Unit (AFU). National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila welcomed the order following the application for the vehicle's preservation and forfeiture. Smit had used the vehicle to pursue Jerobijn, knocked him over, and kidnapped him before brutally murdering him. Ntabazalila said the vehicle was an instrumentality of the offences of which Smit was convicted of and sentenced on November 5, last year. Smit is currently serving his life imprisonment sentence. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The AFU is governed by the Prevention of Organised Crime Act 121 of 1998 (POCA). POCA provides for two types of civil forfeiture mechanisms - in terms of Chapter 5, which is a criminal forfeiture and is dependent on a conviction, and in terms of Chapter 6, which is a civil forfeiture and is not dependent on a conviction. In this application, the unit utilised Chapter 6 and applied for a preservation order in terms of Section 38 of POCA. Jerobejin van Wyk was murdered in February 2022 after he was caught picking mangoes with a friend. Image: Supplied Ntabazalila said: 'During the criminal trial, the AFU successfully applied for a preservation order, and Judge Hayley Slingers, who presided over the trial, granted it on 19 March. In its application, the unit argued that Smit used the vehicle to pursue the deceased, knock him over, kidnap, and murder him, and that it was an instrumentality of the offences listed in items 1,3 and 7 of Schedule 1 of POCA, that being murder, kidnapping, assault, and child stealing. In terms of Section 40 of POCA, AFU had 90 days to file a forfeiture application, failing which the preservation order would lapse,' said Ntabazalila. On Thursday Judge James Dumisani Lekhuleni granted the unopposed forfeiture order. The application was served on the accused in prison on April 10, confirmed Ntabazalila. In November last year, Smit was sentenced to an effective life imprisonment following his conviction on attempted murder, kidnapping, murder of Jerobejin, violation of his corpse, and defeating the administration of justice. The court ordered that Smit must serve two-thirds of his sentence before he could be considered eligible for parole. During trial, the court heard that on February 2, 2022, Jerobejin and his friend entered the accused's property in Matzikama Street, Klawer, and stole fruit from his garden. He claimed he became angry as the two boys mocked him when he spoke to them. 'After pursuing them with his vehicle and catching Van Wyk, he took the boy home, broke his neck, put his body in the freezer, and later dismembered it. He burnt it using tricks he claimed he learnt from a Chinese occult he joined when he was a teenager. He also claimed the occult had an influence on him and used that mitigation of sentence, as well as diminished responsibility. He asked the court to sentence him to 30 years of direct imprisonment,' said Ntabazalila.
IOL News
3 hours ago
- IOL News
PSL avoids chaos as Marumo Gallants receive lenient sanction
The PSL prosecutor Zola Majavu. Photo: Backpagepix Image: Backpagepix The Premier Soccer League (PSL) has narrowly avoided chaos on the eve of the 2025/26 season, thanks to a lenient outcome in the controversial registration saga involving Marumo Gallants and midfielder Monde Mphambaniso. Cape Town City had been hoping for a last-minute lifeline that might see them reinstated in the Betway Premiership, but those hopes were crushed on Thursday night when the PSL Disciplinary Committee (DC) handed Gallants a R200,000 fine — half suspended — for violating registration rules. That means the MTN8 will go ahead without delay, and the top-flight calendar remains intact, even though the decision leaves many with more questions than answers. City had taken the matter to arbitration through the South African Football Association (SAFA), arguing that Gallants breached league regulations by fielding Mphambaniso in 26 of their 28 league matches last season despite not securing the correct clearance certificate. The PSL handbook clearly stipulates that such documentation is required when a player moves between clubs, especially if they were previously registered as professionals. I hope we get a similar verdict, Marumo Gallants must be fined and Capetown City must play in the NFD — Shamase (@uNdu_Mk) July 28, 2025 Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ The midfielder had been part of the Gallants setup when the club sold its Motsepe Foundation Championship status to Leruma United last year, allowing them to purchase Moroka Swallows' Premiership license. With that transaction, Mphambaniso effectively became a Leruma United player — and thus should have been cleared anew to feature for Gallants. Instead, Gallants simply carried on with him in their squad, setting the stage for a dispute that could've derailed the entire league kickoff. PSL prosecutor Zola Majavu confirmed on Thursday that Gallants had pleaded guilty to misconduct, acknowledging their failure to follow proper procedure in registering Mphambaniso. 'The PSL finalised a disciplinary matter, in which I had proferred charges of misconduct against Marumo Gallants FC and its player Monde Mphambaniso,' said Majavu. 'The case stems from the registration of Mphambaniso, which was procured by Gallants without the required clearance certificate in accordance with the rules of the league.' Marumo Gallants management must apologise to us for bringing us into disrepute. They must also give us an undertaking that they followed due process with all players for 2025/2026 season. — Bra Hloni (@BraHlonisky) August 1, 2025
IOL News
3 hours ago
- IOL News
Motorists warned about cloned number plates and traffic fines
Gauteng's new number plates have QR (quick response) codes are expected later this year and will have a number of security features. Image: Supplied South African motorists have been urged to check whether the correct traffic fines are in their names as number plates are being cloned. According to Dear South Africa founder Rob Hutchinson, the cloning of number plates has become such a widespread problem that earlier this year, the Gauteng provincial government launched the pilot of a new licence plate system, which will run for six months before rolling out across the province and ultimately the country. The provincial government has indicated that the new plates make use of technological advancements that are aimed at tracking criminal activities, such as vehicle theft, fraud and cloning. Hutchinson said countrywide statistics show that one in five number plates are cloned and that judging from the feedback he receives from hundreds of subscribers on the issue of incorrect fines is significantly greater than he thought. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Law For All managing director Jackie Nagtegaal said the onus is on the individual as the legitimate owner to prove their innocence and that motorists can 'commit traffic crimes' without their knowledge. Hutchinson added that in most cases, motorists may not even realise that they have a fine, and it is vital to check for fines listed in one's name. "An overdue fine, whether yours or not, could result in a warrant for your arrest. Being handed a warrant at a roadblock would be an unfortunate and abrupt end to your journey," he warned. He said that checking for fines is by no means an acknowledgement of a fine.
