High Court Fines Emalahleni R650m for Water Pollution; DWS Welcomes Ruling

The court imposed a R650 million fine on the municipality — one of the highest penalties ever issued against a local government.

The Department of Water and Sanitation (DWS) has welcomed a landmark judgment handed down by the Mpumalanga Division of the High Court, which found the Emalahleni Local Municipality guilty of numerous environmental offences under the National Environmental Management Act (NEMA) and the National Water Act (NWA). The ruling is widely regarded as one of the most consequential enforcement actions against a municipality for pollution in democratic South Africa, signalling a tougher stance on non-compliance with water and environmental laws.

The case emerged from years of deteriorating wastewater infrastructure and persistent sewage spillages contaminating rivers, wetlands, public spaces and surrounding ecosystems. Despite multiple directives issued by DWS, the municipality failed repeatedly to halt pollution and repair critical infrastructure — leading to a criminal case being opened.

A Historic Penalty for Environmental Non-Compliance

The court imposed a R650 million fine on the municipality — one of the highest penalties ever issued against a local government. Of this amount:

• R500 million must be dedicated directly to rehabilitating and repairing dysfunctional wastewater infrastructure,

• R150 million is suspended for five years, provided that the municipality does not commit further pollution-related offences during the suspension period.

The court ordered that the infrastructure upgrades be completed by 2031, creating a binding long-term deadline to restore wastewater systems that have been failing for over a decade.

The DWS described the fine as proportional to the severity of environmental damage, the extent of infrastructure decay, and the municipality’s repeated disregard for compliance notices.

Infrastructure in Crisis: Facilities Identified for Urgent Repair

The ruling identified numerous treatment plants, pump stations, and sewer networks that have succumbed to extensive neglect, vandalism and system overload. Facilities highlighted include:

• Klipspruit Wastewater Treatment Works

• Riverview Wastewater Treatment Works

• Ferrobank WWTW (including pump stations, manholes and entire network systems)

• Naauwpoort WWTW

• Thubelihle WWTW

• Kriel WWTW

• Phola sewer pump station

• Vilakazi sewer pump station

• Additional associated pump stations, manholes and sewer networks across Emalahleni

Many of these systems have for years discharged raw or partially treated sewage into rivers and wetlands, contributing to severe pollution in the Olifants River Catchment, affecting downstream communities, agricultural users, biodiversity and economic activities.

Community Responsibility: Preventing System Overload and Vandalism

The DWS emphasised that while infrastructure upgrades are essential, community behaviour also plays a major role in preventing future failures. The department called on residents to:

• Avoid flushing foreign objects such as rags, nappies, plastics and solid waste into toilets

• Stop illegal dumping into sewer lines

• Protect pump stations and plants from vandalism and cable theft

• Report illegal connections and suspicious activity

“Infrastructure vandalism and theft are major contributors to plant failures, sewage spillages and environmental pollution,” the department noted.

Community action, combined with improved municipal maintenance, is essential to restoring functionality and preventing fresh pollution incidents.

Major Interventions Underway: COGHSTA, MISA and National Grants

The DWS commended the ongoing support provided by the Department of Cooperative Governance, Human Settlements and Traditional Affairs (COGHSTA), including:

• A R309 million refurbishment and upgrade of the Ferrobank Wastewater Treatment Works, funded through the Municipal Infrastructure Grant (MIG).

• Support from the Municipal Infrastructure Support Agent (MISA) to fast-track upgrades, enhance technical capacity and improve project management.

Once completed, the Ferrobank WWTW will see its capacity expanded from 12 megalitres/day to 23 ML/day, significantly relieving pressure on the local wastewater network and reducing spillages.

DWS: Monitoring, Enforcement and Accountability Must Continue

The Department reaffirmed its commitment to monitoring the municipality’s compliance with the court order. Emalahleni is expected to submit a detailed action plan outlining:

• Rehabilitation schedules

• Procurement and engineering processes

• Maintenance strategies

• Measures to prevent future spillages

• Mechanisms for safeguarding infrastructure

DWS officials will closely track the implementation of these measures to ensure that pollution is halted and water quality restored.

The department described the ruling as a necessary step toward restoring accountability and preventing further harm to water resources, public health and the environment.

A Turning Point for Water Governance in South Africa

Environmental groups, civil society organisations and water experts have hailed the judgment as a turning point for environmental governance. For years, municipalities have been among the biggest contributors to water pollution, often without significant legal consequences.

The Emalahleni case signals:

• A stronger commitment to upholding environmental law

• Greater use of criminal sanctions against non-compliant municipalities

• A shift towards accountability, transparency and enforceable corrective action

• A model for future interventions in failing wastewater systems nationwide

With the court order now in place, rehabilitation efforts are expected to bring meaningful improvements to water quality, municipal performance and community health in the years leading up to 2031.