Municipality fined R200m for polluting rivers

Dr Theo de Jager, chairperson of the Southern African Agri Initiative, has welcomed the fact that the Govan Mbeki Municipality in Mpumalanga has been found guilty and fined R200 million following contravention of environmental legislation.

These actions by the municipality’s leadership had led to substantial pollution, he said.

“I hope this guilty verdict will send a message to other municipalities suffering rampant pollution, as well as the mining industry, to clean up their act.

“This situation directly affects the agriculture industry and cannot be allowed to continue,”

De Jager told Farmer’s Weekly.

The National Prosecuting Authority (NPA) in the meanwhile welcomed the R200 million fine that was imposed by the Bethal Magistrate’s Court on the Govan Mbeki Municipality.

The NPA said in a statement that the municipality had been found guilty on six counts relating to contravention of the National Environmental Act No. 107 of 1998, the pollution of water resources, contravention of the National Water Act No. 36 of 1998, failure to comply with a compliance notice, and unauthorised disposal of water. These actions had detrimentally affected water resources.

The acts included the disposal and distribution of effluent and raw and untreated sewage into the Emzinoni location as well as the eMbalenhle wastewater treatment plant, the Trichardt Spruit, Wela Mlambo, Leandra N17 Pump Station, Waterval Hoek River, Blesbok Spruit and Groot Spruit.

Over and above the fine, the municipality was further ordered to repair all identified equipment as would be identified by the contractor on or before December 2026. It was also ordered to install weighbridges to all landfill sites on or before 30 May 2025.

However, Lambert de Klerk, the head of Environmental Affairs at Afriforum, said it was unfair that the municipality had to pay the fine and not the individuals responsible for the pollution.

This meant that the costs for the fine would ultimately be filtered down to taxpayers.

All counts were grouped together in sentencing when the fine of R200 million was issued, but R50 million of this was suspended for a period of five years on condition that the municipality was not convicted of Section 49A of the National Environmental Management Act No. 5 of 2002 and Section 151 of the National Water Act No. 36 of 1998. –