Lekwa Municipality fined R70 million for environmental violations

The Standerton Regional Court has imposed a fine of R70 million on the Lekwa Local Municipality in Mpumalanga for contravention of environmental legislation.

The municipality was found guilty on seven counts relating to:

• Failure to comply with conditions stipulated in the waste management license.
• Prohibition of unauthorised disposal of waste.
• Failure to comply with a compliance notice.
• Unlawful water use.
• Causing significant pollution to the environment.
• Unlawful negligent disposition and distribution of raw untreated sewer.
• Failure to comply with directives issued.

Lekwa Municipality faces R70m fine

The offences occurred from 2017 to 2022, when the municipality distributed and disposed of contaminated water in Standerton, which resulted in failure to comply with their license.

The municipality also negligently disposed of contaminated waste, which caused pollution to the environment.

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The municipality also impeded the flow of contaminated water within the public water channels and roads, and they disposed of and distributed affluent raw and untreated sewer into the following municipal sub-stations: Stein pump station, Rooikoppen pump station, Johan street pump station, Muller pump station and Talijaard pump station.

The municipality also failed to comply with directives and compliance notices which had been issued to it.

Plea agreement

According to National Prosecuting Authority (NPA) regional spokesperson Monica Nyuswa, the state and municipality entered into a plea agreement, in which the municipality admitted guilt to the charges.

In mitigation, the defence argued that the municipality takes responsibility for its actions and is remorseful, and that it had started to put in place measures to remedy the situation.

The other mitigation factors included the municipality committing itself to ensure compliance with the law and all directives and notices issued in the future.

The municipality also said it would ensure that urgent repairs are done to faulty equipment and pump stations.

Court order

The court took into consideration all factors and sentenced the Lekwa Local Municipality to a fine of R70 million.

“The court ordered that the fine is to be used to effect urgent and necessary repairs of all affected equipment. It further ordered that proof of expenditure and repairs must be submitted to the Department of Agriculture, Rural Development Land and Environmental Affairs.

“In addition, R500 000 must be paid to the department of water services and the Department of Agriculture, Rural Development Land and Environmental Affairs for liabilities incurred during the investigation process,” said Nyuswa in a statement.

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