Lekwa municipality fined R70m for defying waste disposal laws

The Standerton regional court has fined Lekwa municipality, which includes the town of Standerton, R70m for contravention of environmental legislation. According to the National Prosecuting Authority (NPA), the municipality was found guilty on seven counts.

NPA spokesperson Monica Nyuswa said the charges relate to failure to comply with conditions in the waste management licence, prohibition of unauthorised disposal of waste, failure to comply with a compliance notice, unlawful water use, causing significant pollution to the environment, unlawful negligent disposition and distribution of raw untreated sewage and failure to comply with directives.

This occurred from 2017 to 2022, when the municipality distributed and disposed of contaminated water in Standerton, which resulted in failure to comply with its licence.

“The municipality also negligently disposed of contaminated waste, which caused pollution to the environment. The municipality impeded the flow of contaminated water within public water channels and roads, they disposed of and distributed raw and untreated sewage into the municipal substations — Stein pump station, Rooikoppen, Johan Street, Muller and Taljaard pump stations. The municipality also failed to comply with directives and compliance notices,” said Nyuswa.

The state and municipality entered into a plea agreement.

“Advocate Thobeka Phungula told the court the offences were serious and affected the rights of citizens, the right to an environment not harmful to their health or wellbeing and to have the environment protected. The offence had a detrimental effect on the ecological systems and the use of natural resources,” Nyuswa said.

The state argued the municipality must ensure service to the community and by committing these offences the municipality failed its community and failed to comply with legislation relating to the protection of the environment.

Nyuswa said Phungula further argued the failure to comply with notices caused the situation to deteriorate and led to essential equipment being damaged and the damage being extended into the Vaal Dam.

In mitigation, the defence argued the municipality took responsibility and was remorseful. Nyuswa said the court took into consideration all factors and fined Lekwa local municipality R70m.

The court ordered that the fine be used to make urgent repairs to affected equipment.

“It further ordered that proof of expenditure and repairs must be submitted to the department of agriculture, rural development, land and environmental affairs. In addition, R500,000 must be paid to the department of water services and the department of agriculture, rural development, land and environmental affairs for liabilities incurred during the investigation,” she said.

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