Criminal charge against Woestalleen Mine for ‘polluting water resources’
The Department of Water and Sanitation, opened a criminal case against Woestalleen Colliery Mine and its business rescue practitioner at Hendrina Police Station today.
This follows a directive issued by the department to suspend the water use license of the mine due to their continued pollution of water resources in the area.
The department found the colliery to be non-compliant with the conditions of their water use license and has also accused Woestalleen of engaging in unlawful water use activities. According to the Dept. of Water and Sanitation, they have been inspecting the mine since 2016 and the mine has failed to present them with concrete plans to stop the pollution of water resources.
Following a site inspection at the mine, it was discovered that there is an unlawful discharge of poor quality effluent from a mine dam into the Woestalleen Spruit. This poor quality water effluent contaminates the stream and also impacts negatively on ground water resources, aquatic life and agricultural users who rely on the water source for irrigation purposes, the department says.
The Department of Water and Sanitation is mandated by the National Water Act of 1998 to enforce proper water management and legislation compliance to the mining sectors. Many mining companies contravene the provisions of the National Water Act and cause pollution to South Africa’s rivers through the unlawful discharge of waste water.
Mr Siboniso Mkhaliphi, Chief Director of Compliance, Monitoring and Enforcement at the department said they have exhausted their administrative enforcement processes but did not receive cooperation from the mine.
“All of our enforcement tools have been exhausted and today we are implementing a process of suspending the water use license. We cannot afford to continue focusing on one water license user that is non-compliant. This matter stops here and we will follow the legal processes to force the user to comply,” he said.
In addition, he said that the department opens a criminal case against any transgressor as a last resort.
“We have engaged the mine on numerous occasions and they failed to present to us a convincing plan that they will sort out the situation.
Our interventions are not punitive in nature but when polluters are not responsive, we seek recourse in our law enforcement agencies in line with the National Water Act of 1998”, he emphasised.
