R160 Million Fine for Mpumalanga Municipality: A Call for Personal Accountability in Water Management

In a landmark decision that has stirred the waters of accountability within South African municipalities, the Dipaleseng local municipality in Mpumalanga has been slapped with a hefty R160 million fine for persistent sewage pollution. This judicial ruling marks a critical shift towards enforcing environmental responsibility but, according to experts, the journey towards real change is only beginning.

The Balfour magistrate's court found the municipality guilty of multiple violations of the National Environmental Management Act and the National Water Act, relating to the pollution from December 2018 to August 2023. The violations included the mishandling and unauthorised disposal of wastewater, significantly affecting local water sources such as the Suikerbostant River and Gasteplaas Dam, and compromising the health and livelihood of communities in Balfour and surrounding areas.

While the fine is a step forward, water management experts argue it's insufficient in addressing the roots of the problem. Rembu Magoba, manager of the water centre at the Council for Scientific and Industrial Research, emphasized the necessity of holding individual municipal officials accountable, suggesting that there should be consequences for those who fail to comply with their duties. "As long as we are not holding people responsible for making the wrong decisions, we will continue making those wrong decisions," Magoba said.

The complexity of the issue extends beyond just fines. Using taxpayer money to cover these penalties is counterproductive, argues Magoba, as it diverts funds from essential services and community development. This sentiment is shared by Ferrial Adam, the executive manager of WaterCAN, who advocates for the firing and legal prosecution of responsible individuals to deter future negligence.

Sello Seitlholo, the deputy minister of water and sanitation, describes the fine as a "significant milestone" in holding polluters accountable and asserts that the government will continue to take decisive actions against entities disregarding environmental regulations. Meanwhile, community responses highlight a dire situation—pollution has damaged their health, killed livestock, and decreased the quality of life, exacerbating the urgency for effective governance and operational water treatment facilities.

The case of Dipaleseng local municipality is a microcosm of a broader national issue, as seen in other regions struggling with similar challenges. Experts call for a systemic review of municipal capabilities and the implementation of stringent measures to ensure compliance with environmental laws, aiming to restore integrity and sustainability in water management across South Africa.