The Mpumalanga Division of the High Court imposed a hefty fine of R650m on the Emalahleni Local Municipality (ELM) on Wednesday, November 13.

This comes after it pleaded guilty to several environmental offences in terms of the National Environmental Management Act 107 of 1998 and the National Water Act 36 of 1998.

According to the National Prosecuting Authority spokesperson, Monica Nyuswa, the ELM was found guilty of the unauthorised disposal of waste, failure to comply with Water Use Licence conditions, causing significant environmental pollution, pollution of water resources, non-compliance with environmental authorisation, and failure to comply with compliance notices and directives.

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She said between March 2019 and March 2025, the ELM negligently caused severe environmental pollution by allowing untreated sewage effluent to overflow from municipal sewer manholes into the environment.
The wastewater was discharged into a tributary of the Olifants River, in direct contravention of the conditions of its Water Use License issued under Section 28 of the National Water Act.

“This negligence resulted in the discharge of raw, untreated sewage into several areas, including Ferroglobe Silicon Smelters, Witbank Dam, the Naawpoort River, Steenkoolspruit, the Klein Olifants River, and ultimately the Olifants River.”

Nyuswa said following numerous community complaints about water pollution, investigations were launched by the Green Scorpions (Department of Agriculture, Rural Development, Land and Environmental Affairs) and the Blue Scorpions (Department of Water and Sanitation (DWS).
“Their findings led to the municipality being prosecuted.”

Nyuswa said in court, the municipality, represented by its municipal manager, entered into a plea and sentence agreement with the State in terms of Section 105A of the Criminal Procedure Act 51 of 1977.

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During sentencing, state advocate Beauty Cibangu stressed the gravity of the offences, noting their devastating impact on the ecosystem and public health. She highlighted that such pollution leads to severe health risks, environmental degradation, and economic losses to affected communities.

“The court took all counts together for sentencing and imposed a fine of R650m or 10 years’ imprisonment, of which R150m or three years’ imprisonment is suspended for five years on condition that the municipality is not convicted of any further offences under Section 49A of the National Environmental Management Act 56 of 2000, Section 151 of the National Water Act 36 of 1998, or any other pollution-related offences during the suspension period.”

In terms of Section 300 of the Criminal Procedure Act 51 of 1977, the Emalahleni Local Municipality must utilise R500m of the imposed fine for the rehabilitation and urgent repair of all identified wastewater infrastructure by April 2031.

Proof of expenditure and comprehensive technical and environmental rehabilitation reports covering the Emalahleni, Ogies, KwaGuqa, and Ga-Nala Wastewater Treatment Works and pump stations must be submitted to the DWS and the Department of Agriculture, Rural Development, Land and Environmental Affairs by March 31, 2026.