ActionSA prepares for court battle against eThekwini Municipality over sewage crisis
Image: Tumi Pakkies Independent Newspapers
The legal battle between ActionSA and the eThekwini Municipality over the municipality's failure to address sewage pollution is set to commence at the Durban High Court next week.
The case will be heard on July 24 and 25.
ActionSA said it was pleased that the matter is finally before the courts and was looking forward to the opportunity to fight this long-overdue battle on behalf of all residents of eThekwini.
In a statement, the party said, 'Following long-term failures to resolve its sewage crisis, ActionSA filed papers in 2022 against eThekwini Municipality, citing violations of the constitutionally enshrined rights of eThekwini residents to a safe and clean environment and their right to economic development."
ActionSA said the sewage crisis has profoundly impacted the city, leading to the frequent closure of beaches due to high E. coli levels, the pollution of water systems, and communities suffering the indignity of sewage overflows.
The impact on the domestic economy has been devastating, with annual tourist visits to eThekwini dropping from 15 million in 2015 to less than 800,000 in 2023, the party said.
ActionSA's legal action seeks to have the court declare the failures of the eThekwini Municipality unconstitutional and to compel the municipality to produce a turnaround plan for the crisis, which will be made a time-bound order of court.
If ActionSA is successful, the party stated, either the sewage crisis will be resolved, or senior eThekwini Municipality officials will face jail time for contempt of court if they deviate from the court-ordered turnaround plan.
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The party explained that in 2024, the Democratic Alliance filed similar papers in the Pietermaritzburg High Court. However the court had decided to join DA's legal action to ActionSA's case.
'It is clear from the past few years that the eThekwini Municipality has not resolved this issue and is indifferent to the constitutional violations of the rights of its residents.
'ActionSA has committed itself to focus on this kind of work to demonstrate its commitment to reversing the collapse of the basic service delivery infrastructure in many municipalities across South Africa. This case is a vital demonstration of our long-term commitment to this principle and the residents of eThekwini,' said the statement.
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