AfriForum has won a legal battle against Rand West City Local Municipality (RWCLM) which they say will open the door to hold other municipalities responsible for sewerage pollution by laying criminal charges.

Themba Goba, Municipal Manager of RWCLM, who is currently on suspension but represented the municipality, pleaded guilty in the Randfontein Regional Court on Tuesday, in terms of a plea agreement, following complaints of pollution in terms of the National Environmental Act (NAE).

This follows after Matiam van Vuuren, chairperson of the AfriForum Randfontein branch, laid criminal charges against Goba in his official capacity in 2016 in terms of the NAE.

The charges relate to sewage pollution, and magistrate Vivian Hawkins ratified the plea agreement in court.

The sentence entails a fine of R10m of which R7m has been suspended for five years, provided that the municipality complies with certain conditions in terms of the plea agreement.

The Department of Water and Sanitation had launched their own investigation and issued directives against RWCLM.

“Today is a huge victory for us as the Randfontein branch of Afriforum as well as for the community. We are confident that this success will open doors for other communities to hold their municipalities criminally responsible for pollution due to defective sewerage works,” says Van Vuuren.

“This ruling and the process that has been followed to make this a reality are part of our strategy to hold municipalities, and more specifically municipal managers, accountable to ensure that there are consequences for the mismanagement that currently prevails in many municipalities,” says Morné Mostert, Manager of Local Government Affairs at AfriForum.

The terms of the plea agreement include the following:

• That the fine of R3 million be spent on repairs.
  • That evidence of the repairs be sent to the DWS.
  • That qualified and experienced process controllers are appointment as prescribed by regulations.
  • That millwrights and electromechanical technicians be appointed to ensure proper maintenance of the works.
  • That the outflow is managed properly to ensure compliance.
  • That there is proper reporting to the DWS.
  • That 10% of all municipal infrastructure grants be fenced off for maintenance of the works.