27 September 2022 - NW2904
Groenewald, Mr IM to ask the Minister of Water and Sanitation
(1)Whether, with reference to his reply to question 2335 on 15 July 2022, any disciplinary actions were taken against the responsible municipal officials at the Water Services Authorities and/or municipalities that did not adhere to their non-compliance letters issued by his department; if not, why not; if so, (a) what actions were taken and (b) at which Water Services Authorities. (2) whether he will make a statement on the matter?
1. No disciplinary action was taken by DWS against municipal officials that did not adhere to non-compliance letters issued by the DWS as the non-compliance letters were issued by the DWS against the Water Service Authorities not individual employees. The WSAs against whom non-compliance letters were issued are indicated in Annexure A.
2. In terms of the Constitution of South Africa, the Department has an obligation to provide support to local government and to exhaust all intergovernmental relations remedies prior to turning to the judiciary for relief. The Department therefore approached the Department of Cooperative Governance and Traditional Affairs, the Municipal Infrastructure Agency and the South African Local Government Association to provide support and assistance to the Water Services Institutions that are struggling to develop and implement action plans. The Department monitors compliance against the implementation plans. Where these are not implemented or submitted despite support, the department will revert to administrative enforcement measures under the National Water Act. Where there are persistent and material breaches (offences) in terms of sections 151 of the National Water Act and 82 of the Water Services Act, the department will conduct criminal investigations to which may lead to criminal prosecution.