Stinking row over harbour poo
● The eThekwini municipality could face a R10m fine after a major sewage leak that polluted Africa’s busiest harbour last month.
The sewage overflow, from the city’s Mahatma Gandhi Road pump station, was so serious that port authorities imposed a nearly month-long ban on fishing, diving and other marine activities.
Restaurants, ship repair yards and other businesses in the harbour were also affected by the stench, while the hulls of numerous yachts and other craft were fouled.
Now it has emerged that the city has been ordered to explain what it is doing to avoid a repetition, and it could face a fine of R10m if it fails to provide satisfactory explanations to the national department of environmental affairs.
Department spokesman Albi Modise has confirmed that officials served a “notice of intention” on the municipality last month, setting out a preliminary view on findings linked to the sewage leak.
The department has not disclosed these findings, but the fact that a notice was issued indicates that officials may not be satisfied with the municipality’s explanations.
The sewage row coincides with a city application for Blue Flag status for six beaches, guaranteeing their environmental quality.
The department’s notice, issued in terms of the National Environmental Management Act, also contains instructions to remedy the situation and is a preliminary step to issuing an enforcement notice.
“An administrative enforcement process is distinct from the institution of criminal proceedings,” said Modise.
“If, however, a decision is taken by the [department] to issue a final directive as part of the administrative enforcement action and this directive is not complied with, then a criminal case could be initiated. The potential penalty for failure to comply with such a directive ... could include a fine of up to R10m upon conviction.”
The city has previously blamed the leak on mechanical failures at the pump station after a storm that washed tons of floating debris down rivers and into the harbour.
The council said it had responded to the notice. “We have not been made aware of any fine. The station has been repaired and there is currently no overflow to the harbour,” it said. “There has been a great improvement in the pollution levels ... to the extent that the fishing and diving restrictions have been lifted.”