Durban - ActionSA has brought a high court application against eThekwini Municipality and several government ministers for their failure to maintain sewage infrastructure, which they say has led to a crisis.
The party’s provincial chairperson, Zwakele Mncwango, and eThekwini caucus leader Alan Beesley, filed papers at the Durban High Court yesterday citing Minister of Tourism Lindiwe Sisulu, Minister of Environment Barbara Creecy, Minister of Water and Sanitation Senzo Mchunu, Minister and MEC of Co-operative Governance and Traditional Affairs Nkosazana Dlamini Zuma and Sihle Zikalala respectively, Economic Development, Tourism and Environmental Affairs MEC Siboniso Duma, eThekwini Municipality and Durban mayor Mxolisi Kaunda as respondents.
The party is seeking an order declaring that the eight respondents were in contravention of several laws as they had failed to maintain, repair, replace or install the necessary infrastructure to prevent the release or flow of sewage or untreated effluent into eThekwini’s waterways, rivers and beaches.
They want the court to order the respondents to “appoint an accredited and independent water sanitation expert and/or similar to test, obtain and report the daily E coli levels of ocean water at all eThekwini beaches” and for these readings to be published daily on suitable social media platforms.
The party is also seeking a list of all non-operational and vandalised wastewater pumping stations, treatment plants and other water reticulation systems in the region to be submitted within 30 days of the order.
In addition, it calls for interim measures to be implemented to render these water systems operational, and that within 30 days of the order all untreated effluent, solid waste or sewage entering beaches be directed to the closest wastewater pumping stations and treatment plants. They also want an independent sanitation specialist to prepare a report detailing the status of the infrastructure, the remedial steps to be taken for the infrastructure to be operational as well as the time frame and costs involved.
EThekwini Municipality spokesperson Msawakhe Mayisela said the city was not aware of the court action but would respond when the need arose.
He appealed to all political formations within the council to work with the city to face the current challenges.
“We must all be mindful of the fact that this was a natural disaster. It was not as a result of our making so it requires that we all pull together. We understand the frustration but we are trying our level best to ensure that the situation is back to normalcy,” he said.
He said that from December 1 onwards all beaches would be opened, and many beaches had already been opened following the testing of seawater by an independent organisation for E coli levels.
“We are currently ceased with repairing our infrastructure and we are not going to be distracted by anything, but also it would be very remiss for us not to apologise to the public and all our stakeholders for the inconvenience that this state of affairs may have caused them.”