Water quality, supply in crisis while polluting mines go unchecked

Water quality and supply has become a national crisis – and little is being done to stop the pollution and poisoning of water sources or wastage.

According to a report on the crisis by the Centre for Environmental Rights (CER) – given to the department of water and sanitation on June 24 – the department itself is “in a state of complete institutional and regulatory breakdown”.

Newly appointed Human Settlements, Water and Sanitation Minister Lindiwe Sisulu now has to crack the whip as tainted water supplies become a big threat to people’s health.

The department has yet to respond to the report, or the questions sent by The Citizen.

The report focused on the mining industry as a major polluter and an industry, repeatedly ignoring environmental laws.

“An assessment of the compliance of eight large coal mining operations in Mpumalanga with their water use licences paints a dismal picture: gross violations and water pollution by the operators, as well as massive failures by the department of water and sanitation and supposedly independent auditors,” the report, Full disclosure: The Truth about Mpumalanga Coal Mines’ Failure to Comply with their Water Use Licences, stated.

“For these operations, it appears that the regulatory system – from issuance of a water use licence to accountability for non-compliance – has effectively disintegrated. Moreover, instead of ensuring the protection of water resources, companies and independent auditors are complicit in taking advantage of the regulatory breakdown.”

Of the eight mines sampled, the report found:

• The department was unable to issue licences with appropriate conditions within a reasonable time;
• No action was taken against mines without water use licences;
• Almost none of the water use licences which were issued make water treatment a top priority;
• The department was unable to monitor compliance and let violations go without consequence.

The department, however, is not unaware of the countrywide problem.

In a reply to a parliamentary question from the DA, former minister Gugile Nkwitini noted 112 cases for the Water Tribunal were received for 2018-19. It was the highest number since 2015-16 when the tribunal opened again after its term ended in 2012.

In reply to another question from the Freedom Front Plus in April, Nkwitini noted 712 mines had a licence, and a further 115 were operating without one.

Of those mines, 13 Gauteng, 37 KwaZulu-Natal and three Limpopo mines faced “administrative enforcement action”, while 30 Mpumalanga mines faced “administrative and criminal enforcement” action.

Furthermore, 79 mines were contravening the conditions of their licences, with Mpumalanga leading the charge at 41.

“Non-compliances are dealt with in accordance with administrative, criminal and civil enforcement tools,” Nkwitini told parliament. “The department also collaborates with other law enforcement agencies such as the SA Police Service and the National Prosecuting Authority in respect of non-compliance.”

But there was no word on which mines were facing prosecution.

“We could not find one approved Integrated Water and Waste Management Plan … despite required conditions for annual submission to be approved,” the report found.

“The department’s failure to respond to the annual submissions of these reports is abused by the licence holders, who constantly change their original undertakings. The companies then regard these unapproved versions as the ‘official’ plans and strategies.”

INFO

• 60% of SA’s river ecosystems are threatened and 23% are critically endangered;
• 65% of all wetlands are threatened and 48% are critically endangered;
• 98% of available reliable water has already been allocated;
• 18% of South Africans rely on communal taps, while another 9% rely directly on springs, rivers and wetlands;
• There will be a 17% deficit between water supply and demand by 2030. – Centre for Environmental Rights

– amandaw@citizen.co.za

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