EMALAHLENI – eMalahleni Local Municipality has pleaded guilty to seven charges related to the contravention of the National Environmental Management Act (Act 107 of 1998), marking a significant development in a long-standing environmental case.
The municipality appeared before the eMalahleni Regional Court on Wednesday, 26 March 2025, where it was formally charged with multiple offenses, including pollution of water resources, contravention of the Water Management Act (Act 36 of 1998), failure to comply with directives, unauthorized disposal of waste, and unlawful disposal of water.
The National Prosecuting Authority (NPA), through its provincial spokesperson Monica Nyuswa, highlighted the severe impact of the municipality’s failures, stating that these violations have caused significant pollution to the environment and compromised public health. The offenses occurred over a six-year period, from March 2019 to March 2025.
Among the most serious violations was the discharge of raw, untreated sewage into key water sources, including the Ferroglobe Silicon Smelters, Witbank Dam, Nieuwpoort River, Steenkoolspruit River, and the Olifants River. This persistent pollution has raised major concerns for residents, schools, and healthcare facilities, which rely on these contaminated water sources.
The court also heard that despite multiple warnings and directives, the eMalahleni Municipality failed to take corrective action, further endangering water quality and public health in the region.
During the plea and trial proceedings, Municipal Manager Sizwe Mayisela formally pleaded guilty to all seven charges on behalf of the municipality. The case has been postponed to April 08, 2025 for the court to deliberate on the sentencing.
The eMalahleni Municipality has yet to outline a clear plan on how it intends to rectify the ongoing water pollution crisis. The mayor, have said they cannot comment on the matter as it is still in ongoing proceedings. Meanwhile, public outrage continues to grow as residents demand immediate action to restore clean and safe water to their communities.
A frustrated community member, Phindile Mkhize, said, “I am tired of drinking dirty water. Whenever we vote, I pray and hope that things would be different, but nothing changes. I wish that something can be done about this. Not everyone can afford to buy water. And this water is making us sick.”
This case is expected to set a precedent for holding municipalities accountable for environmental mismanagement in South Africa.
