Save Albert Falls Association threatens legal action over sewage pollution - IOL
Concern has been raised about the pollution flowing into Albert Falls Dam in the KZN Midlands.
The Save Albert Falls Association has sent a legal letter to the uMgungundlovu District Municipality over pollution caused by sewage spilling into Albert Falls Dam, warning that unless the pollution stops, it will launch legal action.
The letter was addressed to the uMgungundlovu District Municipality, uMngeni-uThukela Water and other relevant authorities.
The Save Albert Falls Association is a voluntary organisation established to protect, preserve and ecologically rehabilitate Albert Falls Dam, the uMngeni River and their associated catchments, wetlands and tributaries.
MornΓ© du Plessis of MornΓ© du Plessis Attorney Inc confirmed that his office had drafted the letter and that the notices had been served on all the relevant parties on behalf of the organisation by yesterday.
It was recently reported that Albert Falls Dam is one of KwaZulu-Natal's most important water sources, but that it is being polluted by repeated sewage spills, failing wastewater infrastructure and other forms of pollution.
The lawyers' letter on behalf of the Save Albert Falls Association stated: "Our instructions arise from the grave, continuing and systemic deterioration of the ecological condition and raw-water quality of Albert Falls Dam and the uMngeni River catchment upstream thereof, caused by persistent, documented discharges of untreated sewage, industrial effluent and wastewater sludge emanating from infrastructure under the statutory jurisdiction and operational control of the uMgungundlovu District Municipality."
The letter further stated: "This letter constitutes formal statutory notice of the ongoing failures and contraventions set out herein and a demand for immediate, time-bound and systemic remedial action."
The letter also said it was intended to give the District Municipality and the relevant supervisory and regulatory organs of state a final opportunity to engage constructively, take verifiable remedial measures and avoid urgent structural and mandatory interdict proceedings before the High Court of South Africa.
The Association has formally demanded that the uMgungundlovu District Municipality provide, within seven days, assurances that active and uncontrolled sewage discharges have been halted.
Other demands include the delivery, within 14 calendar days of receiving the notice, of a comprehensive, written and time-bound wastewater remedial action plan. The plan must be made under oath by the municipal manager and provide detailed engineering progress on addressing problems at the affected wastewater-treatment plants.
"The Association further expressly reserves its rights to lodge formal criminal charges with the South African Police Service and the Environmental Management Inspectorate against the municipal manager and responsible officials in their personal capacities under section 34 of NEMA (National Environmental Management Act) and section 151 of the NWA (National Water Act)," the letter warned.
uMngeni-uThukela Water declined to comment on the matter, saying the municipality was better placed to comment.
DA councillor Hazel Lake said she had made numerous requests for work to be done at the site where sewage was draining into the catchment that feeds into Albert Falls.
"We have not been able to get the district to do anything. Their lack of response is allowing pollution and the degradation of Albert Falls to continue. The lawyer's letter is absolutely desperate, and we hope uMgungundlovu will finally take the matter seriously," she said.
Brian Zuma, spokesperson for the uMgungundlovu District Municipality, said their legal team would deal with the letter of demand.
