Disaster at Vaal River caused by Emfuleni officials

During the past few weeks, it came to SAVE's attention that the Emfuleni municipality was, once gain, pumping raw sewage into the Vaal River Barrage Reservoir. This was being done despite four previous court orders prohibiting Emfuleni from continuing with its criminal conduct by unlawfully polluting the Vaal River. Recently, when a SAVE committee member did a random inspection at the Emfuleni Leeukuil waste water works during the night, it became apparent that raw sewage was being pumped into the Vaal River at night. This conduct prompted SAVE to once again, and for the fifth time, approach the High Court to interdict Emfuleni from committing this criminal offence and to stop killing fish and bird life. Sewage in water is also highly dangerous to human health - a fact well know to Emfuleni as a result of it being spelt out in past court applications and which statements were not challenged by Emfuleni and is by now common knowledge to all South Africans who followed the Zimbabwean disaster.

The disgraceful conduct of Emfuleni by surreptitiously pumping it's excess sewage into the Vaal at night is exacerbated by its statement to court under oath that an accidental spill occurred on the night when the SAVE representative (Thomas du Toit) discovered the hideous practice. Emfuleni attempted to persuade the court that it was a once off "non- closure of a valve" that cause a spill and we were challenged to prove that the effluent quality was not compliant at the time that the court case was to be heard. It was not explained why the valve was opened in the first place. SAVE took the challenge and had new water samples taken at the Leeukuil water treatment works the next day. It once gain proved that the effluent pumped into the Vaal River far exceeded the standards laid down by the Department of Water Affairs and that the e-coli counts were far outside of the maximum permitted standards. Emfuleni's disingenuous claim that it was an accidental spill a few nights earlier was thus conclusively refuted.

Today, judge Horn rejected all Emfuleni's defences which included an allegation that SAVE had no locus standi (legal standing) to approach a court for assistance to stop this outrageous conduct of Emfuleni. SAVE chairman, Lötter Wepener said that Emfuleni's attempts to thwart the case with technical defences were disingenuous and transparent. All the technical defences failed and the judge ordered Emfuleni to cease pumping raw sewage into the Vaal River and also ordered Emfuleni to ensure that the effluent which it pumps into the Vaal River complies with the DWAF standards.

"This is the last time that we will tolerate this type of conduct by Emfuleni" Wepener said. "We will now seek to imprison those officials who continue to disregard the court orders. We will teach them that reliance on technical defences cannot hide the truth and their conduct".

"River users are tired of empty promises and Emfuleni's total disregard for our health by allowing dirty, untreated water to run into the Vaal River", Wepener said. "There are communities who are dependant in the River water for their primary water use and Emfuleni's total disregard for these people's basic right to clean water is criminal conduct that must now be addressed in the criminal courts".

River users who hailed the court order expressed dismay that it was once again necessary to go to court to compel Emfuleni to do properly maintain its waste water treatment plants and to stop polluting the Vaal River.

"We will continue to do water tests (at great cost to ourselves) in weeks and months to come and promise further action by SAVE should we find that Emfuleni continues to disregard the right of the public to a clean River", Wepener said. SAVE will now be employing a team of experts to compile a comprehensive report in order assist us to imprison the guilty parties. We are also tired of begging DWAF to perform their custodian duties regarding water and will take DWAF to court to obtain orders to compel DWAF to fulfil its functions regarding water pollution as our recent complaints to DWAF fell on deaf ears.

Donations to SAVE can be made into its account at FNB Vanderbijl Park (25094500) account number 512-900-844-03 - fax payment record to 086 672 9361

Issued by SAVE

2 June 2009

Contact Lötter Wepener (Chair; SAVE) 082 552 4714