The SA Human Rights Commission has called for cabinet to consider a national intervention in Emfuleni to avoid possible litigation against the government over the sewage crisis in the Vaal areas.
This one of the recommendations contained in a report released by the SAHRC on Wednesday following its investigations of the flow of sewage into the Vaal River.
In its report, the commission found that the flow of raw sewage into the Vaal River and breakdown of sewerage infrastructure for more than five years violates people’s rights to dignity, an environment that is not harmful to health, food, water and the right of children to be protected from maltreatment and degradation.
Commissioner Jonas Sibanyoni said government had to act on the sewage crisis in Emfuleni.
“The commission is hereby notifying the national, provincial and local government that the sewerage problem is a crisis and an obvious liability to the state. The consequences of the pollution could result in a string of legitimate civil claims against the department of water and sanitation for damages as provided in the National Water Act.
“The commission also recommends that…cabinet seriously considers taking a decision for national government to intervene in the running of the Emfuleni local municipality,” Sibanyoni said.
An inquiry was instituted by the commission in 2018 after several media reports revealed that untreated sewage was flowing into the Vaal river system.
The crisis was found to have been caused by Emfuleni municipality’s failure to maintain and upgrade its waste water treatment plants. The Vaal river system provides water to 19 million people in the country.
Buang Jones, the commission’s provincial manager, said: “The commission found that the pollution of the Vaal River reverses the gains made from the Lesotho Highlands Water Project, a vital but costly project for the South African government.”
Over the past few days, Sowetan has published several stories of how residents of Emfuleni have lost businesses, jobs and homes due to the sewage spillages and collapse of other basic services in the municipality.
The commission found that the pollution had an impact on the water ecosystem posing a threat to fish and other freshwater species. It found that livestock also drink from the polluted waters of the Vaal river system, something which poses a threat to the health of consumers.
Jones said the commission found that the departments of water and sanitation and of environmental affairs were not able to hold Emfuleni municipality accountable for the water pollution crisis in the Vaal.
The commission recommended that action be taken to officials whose conduct led to the disintegration of the municipality.
The three spheres of government have 60 days to respond to the report.
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