Dipaleseng Municipality Fined R160 M for Environmental Misconduct and Water Pollution

Sello Seitlholo, Deputy Minister of Water and Sanitation, welcomed the ruling, calling it a significant milestone in the department’s efforts to hold environmental offenders accountable.

The Balfour Magistrate’s Court has handed down a R160 million fine to Dipaleseng Local Municipality for multiple violations of environmental laws, including the pollution of water resources, failure to comply with remedial directives and the unauthorised disposal of waste. The ruling, delivered on Friday, 15 November, is the result of a lengthy investigation into the municipality’s actions from December 2018 to August 2023, during which it caused significant environmental damage and public health risks.

The municipality was found guilty of contravening the National Environmental Management Act (NEMA), the National Water Act, and other related environmental regulations, which led to the pollution of key water sources and affected local communities. These included raw sewage and blood sludge disposal in water bodies such as Suikerbostant River, Gasteplaas Dam, and the Vlakfontein Farm Wastewater Treatment Works. The resulting contamination significantly impacted water quality in areas like Balfour town, Kanini township, Greylingstad, and several others, causing a range of health and environmental issues.

Key Findings of the Court

The court’s investigation found that Dipaleseng Municipality was responsible for polluting water sources with untreated sewage, leading to dangerously high levels of faecal coliform and E.coli. This severely impacted residents' access to safe drinking water and led to the death of livestock, further exacerbating the economic and social hardship in the region. The negligence of the municipality's sewage treatment works also meant that wastewater treatment facilities were inadequately maintained, worsening the health risks for the surrounding communities.

Sello Seitlholo, Deputy Minister of Water and Sanitation, welcomed the ruling, calling it a significant milestone in the department’s efforts to hold environmental offenders accountable. “This ruling is a pivotal step in our ongoing commitment to enforcing compliance with environmental laws across the country. The fine of R160 million should act as a strong deterrent for other municipalities that fail to comply with their legal obligations regarding water and sanitation management,” Seitlholo said.

Ongoing Investigations and Impact on the Community

The case was brought to court following several complaints from Balfour residents about water pollution and the death of livestock. Investigations by the Department of Water and Sanitation (DWS), in collaboration with the Department of Agriculture, Rural Development, Land and Environmental Affairs, revealed extensive mismanagement and negligence by the municipality. The result was significant harm to both the environment and the local economy.

“The gross misconduct of Dipaleseng Municipality subjected the residents of Balfour to inhumane living conditions due to continuous sewage spills throughout the area. This led to poor drinking water quality, which has had a profound impact on public health,” Seitlholo added.

The municipality pled guilty to all charges brought against it, underscoring the seriousness of the offences and reinforcing the government’s resolve to enforce accountability in public administration.

Court's Ruling and Suspended Fine Conditions

The court imposed a R160 million fine, but R40 million of the penalty was suspended for five years, contingent on the municipality not committing any further violations related to environmental management or water pollution during the suspension period. This ruling serves as both a financial penalty and a warning to municipalities across South Africa to improve their environmental practices.

“We will not tolerate any further disregard for environmental standards. Municipalities must implement corrective measures to prevent further harm to our environment and communities,” said Seitlholo, emphasizing that the Department of Water and Sanitation will continue to monitor the situation closely to ensure that the Dipaleseng Municipality complies with the court's order and resolves its environmental and water management issues.

Commitment to Enforcing Compliance

The Department of Water and Sanitation has reaffirmed its commitment to supporting municipalities to meet their legal obligations. Since 2018, the department has been working closely with Dipaleseng Local Municipality to address the sanitation and environmental issues affecting local communities, and the court ruling is seen as an important step towards achieving improved governance and environmental stewardship.

"We continue to work with municipalities to ensure that they comply with the remedial notices issued to them. The protection of our environment and the well-being of residents remain our top priority," concluded Seitlholo.