Byline: Refeloe Letsoisa
18 November 2024
The Balfour Magistrates’ Court has on Friday imposed a fine of R160 million on Dipaleseng Local Municipality for Contravention of National Environmental Act (NEMA) 107 of 1998, pollution of water resources, contravention of National Water Act 36 of 1998, failure to comply with the directives, and unlawful disposal of water.
During the period between December 2018 and August 2023, the municipality committed an act that caused significant pollution to the environment by distributing raw blood sewer sludge with a high amount of faecal coliform into Vlakfontein farm, Suikerbosrant River, Balfour Wastewater, Gasteplaas Dam, Balfour Town, including Kanini Township, Greylingstad, Grootvlei, Nthoarane, Siyathemba Township, and the following streets: Mury Ivy, Frank, and Jonny Mokoena. This failed to comply with the directives.
Several complaints from the community about water pollution led to the death of their livestock. As a result, investigations were conducted by the Department of Agriculture, Rural Development, Land and Environmental Affairs, and the Department of Water and Sanitation. The outcomes led to Dipaleseng Local Municipality appearing in court.
During the trial, the municipality entered into a plea and sentence agreement. Arguing for a suitable sentence, State Advocate Beauty Cibangu addressed the court that these offences had a detrimental effect on the ecological system and affected the citizens’ well-being.
All counts were taken together for sentences. The court imposed a fine of R160 million, of which R40 million is suspended for five years on condition that the municipality is not convicted of contravention of Section 49A of the National Environmental Management Act 56 of 2000 and Section 151 of the National Water Act 36 of 1998 or any other offence of which pollution is an element during the period of suspension.
The National Prosecuting Authority welcomes the finalisation of the matter and will continue to prosecute without fear, favour, or prejudice. Offences like this trigger climate change, poor air quality, and undrinkable water.
