eThekwini loses appeal over raw sewage spills
eThekwini had no reasonable prospects of success in its appeal against the judgment.
The eThekwini Metropolitan Municipality has lost its appeal against a court order mandating action to tackle untreated sewage leaks, weekly E. coli readings at the city's beaches, and a plan for fixing troubled wastewater treatment plants. The Pietermaritzburg High Court unanimously agreed on September 30 that eThekwini had no realistic chance of succeeding in its appeal against the December ruling.
Previously, the high court mandated eThekwini to outline their compliance strategy for seven binding directives, publish weekly E. coli levels for the city's beaches, secure necessary permits for 10 wastewater treatment works operating without proper licenses, and devise a detailed action plan addressing its wastewater treatment system's issues.
"The city has adhered to the December judgment," claimed municipality spokesperson Senzelwe Mzila, noting they had only appealed specific parts. He stated eThekwini was still reviewing the latest judgment but already publishes beach water quality data on its website. However, KwaZulu-Natal DA, Minister of Public Works and Infrastructure Dean Macpherson, contended the municipality's appeal meant non-compliance.
The legal dispute began when the DA and ActionSA sued eThekwini to enforce compliance with the 2021 and 2022 directives from the KZN government's departments of Economic Development, Tourism and Environmental Affairs and Water and Sanitation. These orders demanded eThekwini address raw sewage discharges into waterways and residential areas.
The DA claimed the municipality had persistently neglected proper maintenance and operation of its treatment facilities, leading to frequent and substantial sewage leaks into rivers, tributaries, and coastal waters. They also criticized the city's failure to adequately inform the public about the crisis and its resolution plans, citing health risks from beach sewage spills and potential negative impacts on tourism and local businesses.
The Pietermaritzburg High Court had previously ruled in December 2025 that eThekwini violated several environmental laws, including the National Environmental Management Act, National Water Act, National Environmental Management: Integrated Coastal Management Act, National Environmental Management: Waste Act, and the Constitution's Section 24, which guarantees the right to a clean environment.
On Wednesday, a full KwaZulu-Natal High Court bench, including Judge President Thoba Poyo-Dlwati, ruled that eThekwini had no grounds for an appeal. The municipality had insisted it should be allowed to appeal due to the court's failure to assess if it had made reasonable efforts to comply with the directives to repair treatment facilities and prevent leaks.
The DA contended the directives were clear orders with deadlines, and either compliance was evident or not. Even eThekwini's counsel acknowledged the city had not met the directives' requirements.
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