Big win for Save the Vaal

SAVE the Vaal Environment (SAVE) and the River Property and Safety Association (RPSA) have been awarded a structural court order against the Ministers of Water and Sanitation, Finance and Environment, Gauteng Premier and MEC’s COGTA and Finance and the Emfuleni Local Council and its Municipal Manager to stop pollution of the Vaal River and its tributaries from the Emfuleni Municipality’s wastewater treatment system.

The terms of the order highlight that the discharge of raw or partially treated sewage into the Vaal River is in contravention of the National Water Act and the national Environmental Management Act (NEMA).

This order was made by agreement between the parties and made an order of Court by the Honourable Judge Wright in the Gauteng High Court.

“This is a big win for Save the Vaal after the years of litigation and pressure placed on the authorities. “We appreciate the support of the media which heightened awareness of the sewage pollution and stimulated both the implementation of Section 63 of the Water Services Act *through which the then Water and Sanitation Minister took charge of the Emfuleni waste water system) and the intervention by the SA Human Rights Commission.

The latter issued a revealing report on the sewage pollution of the Vaal River in February 2021”, said Malcolm Plant, Chairman of Save the Vaal Environment.

The order requires the Minister of Water and Sanitation to provide an affidavit in 45 court days stating what has been done to deal with the problem and to attach an action plan with timelines and funding in terms of the Water Services Act Section 63 Intervention by the DWS Minister. The latter intervention has been in force since 2021. SAVE and the RPSA must provide answering affidavits in 30 days after receipt of the Minister’s affidavit and attachments.

In addition, the order requires:

• the Minister of Environmental Affairs to provide an affidavit concerning criminal investigations relating to contraventions of the Environmental Act.

• The DWS Minister is directed to invite and allow both SAVE the Vaal and the River Property & Safety Association to participate at quarterly engagement meetings to update them on progress with the action plan. Meetings are to include persons with technical expertise of the implementation and SAVE and RPSA must be give 7 days’
notice of such meetings.

• All parties have agreed to approach the Deputy Judge President to appoint a case manager to proceed with the matter.

• If SAVE and/or the RPSA are dissatisfied with the progress, they are entitled to approach the court for further intervention.

• The question of costs was reserved.

Save the Vaal expressed their appreciation to the legal team.
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Save the Vaal noted benefits of key aspects of the order to fund, fix and refurbish the over-burdened Emfuleni wastewater system and increase capacity. The Emfuleni Waste Water System comprises three treatment plants (Leeuwkuil, Rietspruit and Sebokeng) Each plant has its own system of pump stations (44 in all) and a network
spanning over 1000 km. The Sebokeng and Rietspruit plants discharge what should be
treated effluent into the Rietspruit, while the Leeuwkuil plant discharges into the Vaal River at Vanderbijlpark.

Malcolm Plant, Chairman of Save the Vaal Environment said they know that work has been going on but it is surrounded in a veil of secrecy. “Transparent and honest communication is the foundation of a relationship and helps to build understanding about the problems faced during the refurbishment and expansion projects”, he added.

“We look forward to building a relationship with the relevant authorities because all parties are working towards the same goal of a clean Vaal River within the Emfuleni jurisdiction”, said Plant.

About SAVE THE VAAL
www.save.org.za
SAVE is a community-based non-profit, NGO that aims to prevent pollution of the Vaal River and its tributaries. SAVE’s mandate extends from Vaal Dam in the east, and the Vaal River from the dam wall that flows through to Vereeniging, Evaton, Sebokeng, Vanderbijl Park to Parys in the west.

The collapse of the Emfuleni Local Municipality’s waste water treatment system is resulting in some 170 million litres of raw or partially treated waste water entering the Vaal River daily.
SAVE aims to achieve its mission through these key strategies:
– Raise public awareness about pollution issues and the importance of preventing pollution.
– Identify polluters in national, provincial and local government structures, mines, industry and individuals.
– In cases where communication fails, SAVE takes action to stop the polluters by approaching the High Court to enforce the law against such polluters.
All Members of the SAVE Committee are volunteers who don’t receive any financial or material benefit from their work for SAVE.