DA initiates new contravention of green laws case against TCLM

“This made it extremely important for the DA to follow up on the court directives TCLM was given in the verdict. We opened a criminal case at the Lydenburg SAPS on Saturday and are considering taking legal action against the municipality for flouting court directives,” said Sonja Boshoff, DA member of the National Council of Provinces.

Court ruling:
In 2022, the Lydenburg Regional Court found TCLM guilty of contravening environmental laws since 2011. This followed a joint investigation by the Mpumalanga Environmental Affairs’ Green Scorpions and the Department of Water and Sanitation’s Blue Scorpions.
The court found TCLM guilty of seven charges in terms of the National Environmental Managing Act (Nema) 107 of 1998 and the National Water Act 36 of 1988. This included pollution of the Dorps and Spekboom rivers in wards 2, 12 and 14, and the mismanagement of the Lydenburg landfill site and the two water treatment plants.
The National Prosecuting Authority’s (NPA) spokesperson, Monica Nyuswa, said the docket was brought to the director of public prosecutions’ office in 2021 for a decision to institute criminal charges.
The court also found that TCLM had failed to comply with the conditions stipulated in the water use licence, which was issued in terms of Section 28 of the National Water Act.

TCLM was sentenced to a R10m fine, of which R5m was suspended on the condition that TCLM is not convicted under Nema and the National Water Act in the next five years. R4.8m of the fine must be utilised to upgrade the sewerage infrastructure before November 1.
TCLM and the state had negotiations that subsequently led to a plea bargain and a sentence agreement, in which TCLM pleaded guilty to seven counts relating to the contravention of the National Water Act.
“The DA had hoped that this would serve as a deterrent to TCLM, but unfortunately it is now clear that they are incapable of working towards abiding by the directives of the court order. We can now reveal that the sewer spillages in Thaba Chweu have continued unabated, which is a contravention of the court ruling. TCLM had also promised to draw up a plan of action by the end of November 2022, but the council hasn’t been provided with one,” said Boshoff.

The aftermath of the ruling:
The DA said this plan has not been tabled at any council meeting for approval, nor has any stakeholders been provided with such. The only reference to a plan is when officials respond to queries by stating that they are working on a plan.
“The DA will once again lay charges against TCLM for not honouring the plea agreement that was entered into between itself and the court,” said Boshoff.

Future investigation:
The DA indicated that it will be writing to the Green Scorpions requesting them to assist in opening a case for contravening the National Water Act.
“This town can no longer be held hostage by an uncaring ANC government. We call on the executive mayor, Friddah Nkadimeng, and the acting municipal manager, Peter Mankga, to urgently engage with all stakeholders to provide them with an approved plan that encompasses timelines and budgets,” said Boshoff.

New burning points in town:
Not one of the service points identified in the court case has been fixed. On Monday, Cilla Young, a business owner in Rivier Street, yet again told Steelburger/Lydenburg News that they are working and living in a river of sewerage.
Spiros Couvaras, the DA councillor of Ward 12 in TCLM, said the new burning points and old infrastructure problems are escalating and providing continued frustration for residents. “We work hard for the community and to improve the quality of life. We are disappointed that issues stipulated in the court ruling of 2022 haven’t been fixed,” he said.

He said phase one of the waste water treatment plan is finished and that there are labour disputes disrupting the completion of phase two. However, the latter has been initiated. New charges might lead to the suspended sentence being put in jeopardy:

The sentence was suspended for five years on the condition that TCLM is not convicted under Nema and the National Water Act in the next five years.
Magistrate MJ Ngobeni imposed several strict deadlines by which the progress of the reinstatement of infrastructure will be monitored by the Department of Water and Sanitation and the Department of Environmental Affairs. These deadlines were supposed to be met by November 2022, according to the court ruling.

Feedback from TCLM:
Themba Sibiya, TCLM’s media and marketing manager, said the relevant departments concerned have been paid. “We share our progress reports with the NPA as directed by the court order. We work on the waste treatment plant and there is 10% progress. We are experiencing sewer leaks due to load-shedding, especially on the high-volume lines. We have since sourced generators to augment the energy supply as an interim measure until the rehabilitation plan is fully implemented.”