After years of environmental neglect and slowly ‘raping’ the Olifants River with raw effluent,  the local municipality has been prosecuted and slapped with a massive R650 million fine.

The municipality was found guilty of the unauthorised disposal of waste, failure to comply with Water Use License conditions, causing significant environmental pollution, pollution of water resources, non-compliance with ecological authorisation, and failure to comply with compliance notices and directives.

From 2019 to March this year, the Olifants River was ‘drowning’ in untreated sewage effluent overflowing from municipal sewer manholes.

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 Naauwpoort River, Steenkoolspruit, the Klein Olifants River, and ultimately the Olifants River.

In court, the municipality, represented by Municipal Manager Sizwe Mayisela, entered into a plea and sentence agreement with the State in terms of Section 105A of the Criminal Procedure Act 51 of 1977.

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 R650 million or 10 years’ imprisonment, of which R150 million 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,” said the Mpumalanga National Prosecuting Authority’s regional spokesperson Monica Nyuswa.

A close eye will be kept on the municipality, and 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 Department of Water and Sanitation and the Department of Agriculture, Rural Development, Land and Environmental Affairs by March next year.

Nyuswa said the NPA welcomes the finalisation of this matter and reaffirms its commitment to prosecuting environmental crimes without fear, favour, or prejudice.

“Offences of this nature contribute to climate change, water contamination, and air pollution, posing serious risks to both the environment and public health,” Nyuswa said.

The municipal spokesperson was not available for comment.