A decision is yet to be made on whether the City will face charges over the Hout Bay marine outfall following an investigation by the Department of Forestry, Fisheries and Environment (DFFE).
This comes after Forestry, Fisheries and Environment (DFFE) minister Dion George in answering a parliamentary question recently, confirmed they had lodged a criminal case against the City earlier this year after compliance notices were issued for each of the City’s marine outfalls.
The action was taken against the City, which holds Coastal waters discharge permits (CWDPs), for allegedly contravening the National Environment Management Act (Nema) by “releasing in excess of 30 million litres of raw, untreated sewage into the marine reserves” along the Atlantic seaboard.
The CWDPs authorise the City to discharge sewage that has undergone preliminary treatment from three outfalls – Camps Bay, Green Point and Hout Bay.
George said: “In respect of the Hout Bay outfall, a criminal case was opened against the City. The investigation is complete and the docket was sent to the NPA. A decision is awaited as to whether the NPA will prosecute.”
DFFE spokesperson Peter Mbelengwa said the case against the City was lodged in February.
“To date, the DFFE has not received confirmation on whether or not a decision has been made to institute a prosecution,” said Mbelengwa.
National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila said: “This matter was referred to the Wynberg Magistrate’s Court for a decision.”
George said the CWDPs are all subject to ongoing appeals and an interim decision was taken on August 28 in which the effluent quantity limits in the permits were suspended pending the appeals. George added that since receiving the notices, the City has been working closely with the DFFE to bring the outfalls into compliance.
Mayco member for Water and Sanitation, Zahid Badroodien, said they have made representations to the NPA.
“The potential criminal case was based on the alleged exceeding of outfall volumes, however, this is now moot given that the DFFE minister has suspended the flow-permit conditions for the respective coastal waters discharge permits issued for the City’s three marine outfalls, pending the finalisation of the appeals that were lodged.
Badroodien said continued engagement via the Permit Advisory Forum (PAF) has also explored future alternatives for marine outfalls as a means of disposal of waste as well as the cost of upgrading thereof.
#RethinkTheStink director, Caroline Marx, said they were encouraged by the action taken by the department.
“It is encouraging to see national government act to protect the environment especially when the offender is local government who often appear to receive very different treatment from private offenders. But why did it take City four years to establish the Permit Advisory Forum?” said Marx.
Conservation activist and founder of Bay of Sewage, Mark Jackson, urged the department to rule on the pending appeals.
“We also take exception to the department’s claim that the newly-formed PAF allows for airing complaints and grievances, when we know as fact that one very important member of that group was stopped from speaking in the forum, had her written submission seemingly ignored, and no minutes were kept of the meeting itself. Until all grievances are aired, and minutes kept, we will consider these meetings a sham,” said Jackson.
Cape Times