The Pietermaritzburg High Court has ruled that eThekwini Municipality failed to fulfill its constitutional obligations regarding infrastructure maintenance, leading to sewage pollution impacting local beaches, and waterways.
Court Ruling Details
The court’s decision, delivered by KZN Judge President Thoba Poyo-Dlwati, Judge Peter Olsen, and Judge Mbuzeni Mathenjwa, centers on a notice of motion originally filed in 2022 by ActionSA against eight respondents. These included the eThekwini Municipality, the mayor, and various national and provincial ministers and Members of the Executive Council (MECs) responsible for Tourism, Environment, Water and Sanitation, and Co-operative Governance and Traditional Affairs (CoGTA).
While the court dismissed the case against all respondents except the municipality, it ordered eThekwini to take specific actions. These include publishing weekly E. Coli readings for all public beaches on its website, social media pages, and public notice boards. The municipality must also communicate water-related hazards and pollution to nearby communities.
Constitutional Mandate and Authority
The judges determined that other government departments lacked the authority to supersede eThekwini’s responsibilities under Section 156 of the Constitution, which grants municipalities executive authority over local government matters. The court also noted that ActionSA did not adequately demonstrate how other respondents violated Section 24 of the Constitution, which guarantees the right to a healthy environment.
Despite finding the evidence “sketchy,” the court found sufficient evidence of the municipality’s failure to repair or maintain infrastructure, citing compliance notices, directives from the Minister of Water and Sanitation, and criminal charges. Judge Poyo-Dlwati concluded that this neglect led to high E. Coli levels on eThekwini’s beaches, stating that eThekwini “has failed in performing its constitutional mandate and obligations.”
The municipality is also required to file an amended Action Plan within two months of December 18, 2025, outlining measurable deadlines for repairing wastewater treatment works and related infrastructure.
Frequently Asked Questions
What prompted this court case?
ActionSA filed a notice of motion in 2022 following the April 2022 floods, alleging that respondents failed to address ongoing sewage spills and the resulting loss of Blue Flag status for eThekwini beaches.
Which respondents were held accountable?
Only the eThekwini Municipality was found to have violated its constitutional mandate. All other respondents – including the mayor and various ministers and MECs – were cleared by the court.
What specific actions must eThekwini Municipality take?
The municipality must publish weekly E. Coli readings, communicate water-related hazards to the public, and file an amended Action Plan with deadlines for infrastructure repairs.
As eThekwini Municipality prepares its amended Action Plan, will these measures be sufficient to restore public trust and address the long-standing sewage crisis?
