7 months ago
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City of Tshwane has been hauled before court over allegations that it unlawfully and negligently permitted raw sewage to be disposed of, which then ended up polluting the water and environment.
The municipality is facing charges of unlawful disposal of waste; committing an act that is likely to cause significant pollution to the environment; committing an act or omission that pollutes or is likely to a water resource and failure to comply with any conditions attached to a permitted water use this act.
The complainants on this matter are the departments of water and sanitation as well as forestry, fisheries and the environment.
According to North West National Prosecuting Authority (NPA) spokesperson Sive Gunya, it is alleged that between October 2016 and January 2022 and at or near the Klipgat Waste Water Treatment Works on a farm called Nooitgedacht 266JR in Klipgat the municipality unlawfully and negligently permitted raw sewage to be disposed of in or on any land, or waterbody.
“Representing the state, Adv Benny Kalakgosi told the court that during the same period, the accused unlawfully and negligently committed an act, which caused significant pollution of the environment.
“The municipality is charged for failing to maintain the Wastewater Treatment Works, and that failure led to the untreated sewage into the environment that is likely to cause pollution to the environment,” said Gunya.
Kalakgosi also told the court that justice must be served because “people were drinking dirty water, and they were exposed to pollution because of the alleged negligence of people with authority”.
Gunywa said they as the NPA were committed to protecting the community and ensuring that justice is served to the victims.
“We have three cases of this sort on the court roll. The complainant on this matter is the department of water & sanitation as they are the regulatory body of the water treatment plants and department of forestry, fisheries and the environment when it comes to pollution,” said Gunya.
The matter was held at Garankuwa district court in North West today and the city was represented by Johan Mettler, who is the city manager. Mettler joined the municipality in September 2022.
Sowetan reached out to Tshwane for a comment on the allegations and Selby Bokaba, who is the spokesperson for the city said: "The matter is still pending before court, and it will be inappropriate of us to comment on a matter that is yet to be concluded.
"We will offer our perspective at court and will not comment on any platform outside the courtroom. As such, the matter is sub judice."
The matter was expected to be back in court on October 25 for the case to be transferred to the regional court for trial.
