Action SA takes takes legal action over Durban’s sewer crisis
By Sihle Mkhize
Cabinet ministers and eThekwini mayor Mxolisi Kaunda are being dragged to court on charges relating to Durban’s sewage pollution crisis.
The charges were brought by ActionSA in KwaZulu-Natal who launched legal action at the Durban High Court on Wednesday.
They have been accused of “failing to maintain and renew sewer infrastructure in and around the metro”.
A legal team representing the party filed the papers. Among the accused is minister of co-operative governance and traditional affairs Nkosazana Dlamini-Zuma, water and sanitation minister Senzo Mchunu, tourism minister Lindiwe Sisulu and environmental affairs minister Barbara Creecy.
The Purpose is in possession of the court papers. ActionSA KZN leader Zwakele Mncwango said: “President Cyril Ramaphosa promised in April of R1 Billion to repair critical infrastructure in kwaZulu-Natal.
“This was after the floods which hit KZN but that never materialised even with a disaster declaration, resulting in sewage running unbately through people’s homes and contaminating the previously pristine beaches.
“As it stands, some of the most popular beaches in eThekwini remain closed, such as Umhlanga and Umdloti.
“In addition, the fishing industry has been hit hard, heavily affecting small businesses.”
ActionSA has asked the court to order the respondents to make available a list of wastewater pump stations, treatment plants and other water reticulation systems that are not operational, vandalised or in disrepair.
“Some form of interim measures must now be enforced upon the respondents in the hope that the tourism industry in the region may be salvaged,” it said.
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“At the very least, a transparent approach must be taken so people are able to make an informed decision when entering or using our waterways.
“From the recreational activities they undertake to the water they consume in the informal areas, every aspect of residents’ lives is at risk.”
It also asked the court to order the appointment of an accredited and independent water sanitation expert to test, obtain and report the daily readings of E. coli levels of ocean water at all eThekwini beaches, and that the readings be made available on visible signage at all beaches.
The respondents have 15 days to file their notice of intention to oppose the matter and a further 15 days to file responding affidavits.
