eThekwini ordered to publish E. coli results, fix sewer system

A Pietermaritzburg High Court ruling handed down on Thursday has compelled the eThekwini Municipality to take urgent and measurable action to address Durban’s long-running sewage crisis. This includes publishing weekly E. coli readings at public beaches, repairing sewer infrastructure and communicating water-related health risks to the public.

It further directs the City to urgently implement an action plan for the repair and maintenance of sewer infrastructure, report progress to the court, and widely communicate pollution and water-related hazards affecting beaches and rivers. According to the judgment, within two months of the date of the order, eThekwini must prepare and file an amended action plan, along with any associated reports and substantiating documentation. The report must address “all non-compliances identified by the second and third respondents in each of the aforesaid notices; explain the steps it will take to comply with those notices; and set measurable, periodic deadlines for progress”.

In preparing the action plan, the municipality is directed to give due regard to the need to give legal effect to the public’s right to a safe and healthy environment; to enhance monitoring of coastal emissions within its jurisdiction, including through urgent improvements to the management and maintenance of wastewater treatment works and related infrastructure; to ensure verified and reliable data is produced and made available to the public online in real time; and to effect short-, medium- and long-term infrastructure repairs, maintenance and upgrades. The DA and ActionSA said the ruling marks a significant step towards protecting public health, restoring environmental integrity and holding the municipality accountable for years of inaction that have resulted in repeated beach closures and widespread public concern. Despite Thursday afternoon’s high court outcome, ActionSA provincial chairperson Zwakele Mncwango said that although the court heard ActionSA’s application together with a later application by the DA, the judgments have now been separated. ActionSA lodged its application in November 2022, while the DA filed its application in July 2023.