The Emalahleni local municipality has been fined R650m for causing severe environmental pollution by allowing raw sewage to overflow from municipal sewer manholes into the environment for six years without intervention.
This negligence resulted in the discharge of raw, untreated sewage into several areas, including Ferroglobe Silicon Smelters, Witbank Dam, the Naawpoort River, Steenkoolspruit, the Klein Olifants River, and ultimately the Olifants River.
The Mpumalanga High Court found the municipality guilty of the unauthorised disposal of waste, failure to comply with water use licence conditions and causing significant environmental pollution.
The court took all counts together for sentencing and imposed a fine of R650m or ten years’ imprisonment, of which R150m or three years’ imprisonment is suspended for five years on condition that the municipality is not convicted of any further offences... or any other pollution-related offences during the suspension period.
— Monica Nyuswa, Mpumalanga spokesperson for the NPA
It was also found guilty of pollution of water resources, non-compliance with ecological authorisation, and failure to comply with compliance notices and directives.
According to Mpumalanga spokesperson for the National Prosecuting Authority (NPA) Monica Nyuswa, between March 2019 and March 2025, the municipality negligently caused severe environmental pollution by allowing untreated sewage effluent to overflow from municipal sewer manholes into the environment.
Nyuswa said after numerous community complaints about water pollution, investigations were launched by the departments of agriculture, rural development, land and environmental affairs, as well as water and sanitation.
She said their findings led to the municipality being prosecuted.
The municipality, which was represented by the municipal manager, entered into a plea and sentence agreement with the state.
Nyuswa said the prosecutor, Adv Beauty Cibangu, stressed the gravity of the offences, noting their devastating impact on the ecosystem and public health.
“She highlighted that such pollution leads to severe health risks, environmental degradation, and economic losses to affected communities.
“The court took all counts together for sentencing and imposed a fine of R650m or ten years’ imprisonment, of which R150m or three years’ imprisonment is suspended for five years on condition that the municipality is not convicted of any further offences... or any other pollution-related offences during the suspension period.”
The municipality would also have to utilise R500m of the imposed fine for the rehabilitation and urgent repair of all identified wastewater infrastructure by April 2031, she said.
Nyuswa said the municipality would have to provide proof of expenditure and comprehensive technical and environmental rehabilitation reports covering the Emalahleni, Ogies, KwaGuqa, and Ga-Nala Wastewater Treatment Works and pump to the department of water and sanitation and the departments of agriculture, rural development, land and environmental affairs by March 31 2026.
She said the NPA welcomed the finalisation of the matter.
Sowetan
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