Rights group demands action over sewage
“Local authorities can also be held civilly liable in relation to the maintenance, repair and operation of infrastructure relating to discharging of sewage, or water containing waste, through pipes or other materials.”
CIVIL rights organisation AfriForum is demanding an “immediate” clean-up of sewage spills in Barkly West – failing which the organisation has threatened to perform the necessary repairs itself and to hold the local municipality responsible for the costs.
AfriForum, on behalf of its members in Barkly West, has sent a letter to the Dikgatlong Local Municipality in which the organisation has demanded the immediate cleaning of all sewage spillages in the town, a full investigation into the extent of sewage blockages, as well as a thorough audit of the current state and suitability of Barkly West’s sewerage network.
The organisation is also demanding an action plan for the necessary repairs and upgrades of the sewerage system to prevent further pollution.
AfriForum spokesperson, LizeMari Smit, said yesterday that the Dikgatlong Municipality’s pumping stations were funded by income from the community and it was the responsibility of the municipality’s water and sanitation department to provide basic sanitation to the community.
“AfriForum is concerned about the current state of basic services that are paid for by the community but not delivered by the municipality, such as sewage blockages and spills and the harmful effects this may have on the community of Barkly West,” Smit said.
“Barkly West Primary School, as well as surrounding neighbourhoods, has endured sewage blockages and spills for several months. Although AfriForum has addressed this issue, it seems that the well-being and health of our community is of no concern to the Dikgatlong Local Municipality, as no real effort has been made to repair and maintain the sewerage system and vehicles in Barkly West. Several sewage leaks are reported daily, with little effect.”
Smit added that nothing had been done by the Dikgatlong Municipality to find a permanent solution to the ongoing sewage problem.
“The volume of sewage discharged poses an imminent threat to human health and the environment and contravenes various statutory requirements, including sections of the Constitution of the Republic of South Africa, which states that everyone has the right to an environment that is not harmful to their health or well-being, and stipulates that local authorities (such as Dikgatlong Municipality) have a constitutional duty to provide water and sanitation services. It is also in contravention of the Water Services Act, which is aimed at providing for the right of access to basic water supply and the right to basic sanitation necessary to secure sufficient water and an environment not harmful to human health or well-being.”
She further stated that local authorities could be held criminally liable for actions that affected human health or caused pollution.
“Local authorities can also be held civilly liable in relation to the maintenance, repair and operation of infrastructure relating to discharging of sewage, or water containing waste, through pipes or other materials.”
AfriForum has indicated that should it not receive a response by tomorrow, it would “have no choice” but to perform the necessary repairs and hold the municipality responsible for any costs incurred and/or lay criminal charges against the acting municipal manager, Kagiso Modise, for the failure to perform his “duty of care”, as stipulated in legislation.
Modise could not be contacted yesterday for comment.