The Deputy Minister of Water and Sanitation, Sello Seitlholo, has welcomed the decision of the Balfour Magistrate’s Court to impose a R160 million fine on the Dipaleseng Local Municipality in Mpumalanga for contravening environmental laws, significantly impacting the livelihoods of residents and livestock.

The court handed down the judgment on Friday, 15 November 2024, wherein the local municipality was found guilty of the Contravention of National Environmental Act (NEMA) 107 of 1998, pollution of water resources, contravention of National Water Act 36 of 1998, failure to comply with remedial directives and unauthorised disposal of water.

The court found that between December 2018 to August 2023, the municipality committed environmental misconduct which caused significant pollution to the environment. This included disposing and distributing raw blood sewage sludge, affluent of raw and untreated sewer with high amounts of Faecal Coliform and E.coli into various water sources and communities,  that included the Suikerbostant River, Gasteplaas Dam, Vlakfontein Farm Waste Water Treatment Works. Affected areas included Balfour Town, Kanini Township, Greylingstad, Grootvlei, Nthoarane, and Siyathemba Township, amongst others.

Deputy Minister Seitlholo described the ruling as a pivotal step in holding environmental offenders accountable. He reaffirmed the Department’s commitment to enforcing compliance with environmental laws across the country.

“This court ruling is a significant milestone in our efforts to hold polluters accountable. The R160 million fine should serve as a wake-up call to other municipalities that fail to comply with environmental and water management regulations. I assure you that we will not hesitate to take firm action against any entity that disregards its legal obligations,” said Deputy Minister Seitlholo.

The court judgement came as several complaints we made by members of the Balfour community about water pollution which resulted to the death of their livestock and affected the livelihoods of residents. This set wheels in motion for investigations by the Department of Water and Sanitation alongside the Department of Agriculture, Rural Development, Land and Environmental Affairs, which uncovered gross misconduct by the Dipaleseng Local Municipality.

The court found that the gross misconduct of the Dipaleseng Local Municipality subjected Balfour residents to endure inhumane living conditions due to the constant sewer spills in the entire municipal area. The residents were also subjected to poor drinking water quality as the Balfour Wasterwater Treatment Works and Reservoirs continue to be neglected wherein no efficient operation and maintenance takes place.

“The fact that the municipality pled guilty on all the counts brought to them, underscores the seriousness of the offences and reinforces the Department’s resolve to enforce accountability. Municipalities must implement corrective measures to prevent further harm to our environment and communities,” said Deputy Minister Seitlholo

The court imposed a R160 million fine, of which R40 million is suspended for a period of five years on condition that the municipality is not convicted of Contravention of Section 49 A of the National Environmental Management Act 56 of 2000 and Section 151 of National Water Act 36 of 1998 or any other offences of which pollution is an element during the period of suspension.

The Department of Water and Sanitation continues to work in earnest to ensure that compliance notices given to municipalities are implemented to safeguard the environment and the livelihood of residents across the country.