Question NW146 to the Minister of Water and Sanitation
29 February 2024 - NW146
Moore, Mr S J to ask the Minister of Water and Sanitation
Whether, with reference to question 3359 on 8 November 2023, he will furnish Mr S J Moore with a list of the names of (a) local and (b) provincial governments where his department has laid criminal charges regarding noncompliance with the National Water Act, Act 36 of 1998 (i) in the 2022-23 financial year and (ii) since 1 April 2023; including the status of each case in terms of the (aa) verdicts, (bb) pleas and (cc) fines in each case?
Reply:
Table one (1) and two (2) below provides criminal cases opened by the Department of Water and Sanitation (DWS) during the 2022/23 financial year and from 1 April 2023 to date, respectively. The tables include the names of local and provincial governments charged for non-compliance with the National Water Act, Act 36 of 1998 and the status of the criminal cases verdicts, pleas, and fines.
Table 1: Criminal cases opened from 1 April 2022 – 31 March 2023
|
No |
Assignment Level |
Sector (a)(b) |
DWS ECMS Case ID |
SAPS CAS Number |
Accused name(s) (Transgressor/Case Title) |
(aa)(bb)(cc) |
|
1 |
Breede/Gouritz CMA |
Local Government [WSA/WSP] |
31011 |
207/02/2023 |
Discharge on substandard effluent into Huis River by Zoar WWTW, Kannaland Local Municipality, Zoar RE/78: Breede/Gouritz |
The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
2 |
Limpopo Regional Office |
Local Government [WSA/WSP] |
30575 |
185/11/2022 |
Mogalakwena Wastewater Management Facilities, Mogalakwena Local Municipality, Mokopane town and Mahwelereng location: Limpopo |
The criminal investigation is underway. The Department has also taken administrative enforcement action against the Municipality. |
|
3 |
Mpumalanga Regional Office |
Local Government [WSA/WSP] |
29187 |
327/04/2022 |
Steelpoort Wastewater Treatment Works, Greater Tubatse/Fetakgomo Local Municipality, Steelpoort: Olifants |
The criminal case is under investigation. |
|
4 |
Mpumalanga Regional Office |
Local Government [WSA/WSP] |
29179 |
CAS 333/10/2022 |
Pine Ridge pump station, Emalahleni Local Municipality, Unknown: Olifants |
A criminal case was opened, and investigations were completed. The case docket was handed to DPP for decision. DPP currently working on finalising the charge sheet.
|
|
5 |
Mpumalanga Regional Office |
Local Government [WSA/WSP] |
29178 |
CAS 72/08/2022 |
Sehlakwane Peatland, Sekhukhune District Municipality, Unknown: Olifants |
The criminal case is under investigation. |
|
6 |
Mpumalanga Regional Office |
Local Government [WSA/WSP] |
24851 |
25/10/2022 |
Emakhazeni Local Municipality Belfast Pump Station, Emakhazeni Local Municipality, Belfast Wastewater Treatment Works: Olifants |
The criminal case is under investigation. |
|
7 |
Mpumalanga Regional Office |
Government [National/Prov] |
24778 |
203/10/2022 |
Metz Dam, LP Department of Agriculture and Rural Development, Sekororo: Olifants |
Investigation concluded and the case docket referred to NPA for decision. |
|
8 |
Mpumalanga Regional Office |
Local Government [WSA/WSP] |
24702 |
CAS 24/10/2022 and CAS 665/08/2020 |
Emalahleni Local Municipality-Thubelihle Waste treatment Works, Emalahleni Local municipality: Olifants |
A criminal case was opened, and investigations were completed. The case docket was handed to DPP for decision. DPP currently working on finalising the charge sheet. Furthermore, The Department has also initiated administrative enforcement action against the Municipality. The Department is also considering obtaining a court interdict against Emalahleni Local Municipality for non-compliances at Rietspruit WWTW, Riverview WWTW, Thubelihle WWTW Kriel WWTW. The Department has already consulted with a Counsel regarding the court interdict.
|
|
9 |
Gauteng Regional Office |
Local Government [WSA/WSP] |
19178 |
123/02/2023 |
Khutsong, Kokosi, Wedela & Welverdiend Waste Water Treatment Works, Merafong Local Municipality: Vaal |
No improvement at the works as spillages persist. Criminal case was opened in February 2023. Criminal investigations are underway. Environmental Management Inspector collected the Case Docket from SAPS on 09 May 2023 for further investigations |
|
10 |
North West Regional Office |
Local Government [WSA/WSP] |
16662 |
344/10/2022 |
City of Tshwane Rooiwal Waste Water Treatment Works: Limpopo |
The case is still under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
11 |
Mpumalanga Regional Office |
Local Government [WSA/WSP] |
16489 |
264/10/2022 |
Dennilton WWTW - Collector System (Sewage overflow), Elias Motsoaledi Local Municipality, Moutse Mall Uitspanning 38 JS: Olifants |
The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
Table 2: Criminal cases opened from 1 April 2023 to date.
|
No |
Assignment Level |
Sector (a)(b) |
DWS ECMS Case ID |
SAPS CAS Number |
Accused name(s) (Transgressor/Case Title) |
(aa)(bb)(cc) |
|
Free State Regional Office |
Local Government [WSA/WSP] |
31178 |
CAS 53/08/2023 & 54/08/2023 |
Sewage spillages in Matlakeng near Zastron, Mohokare Local Municipality, Township of Matlakeng near Zastron: Orange |
The criminal investigation is underway. |
|
|
Mpumalanga Regional Office |
Local Government [WSA/WSP] |
30558 |
CAS 139/11/2023 |
Sewage overflow at Cnr. Dirk Winterbach &, Marone Street, Fetakgomo Tubatse Municipality, Burgersfort: Olifants |
Previous case CAS 327/04/2022 Burgersfort was reinstated and is awaiting prosecutor decision. New matter will be investigated. |
|
|
Gauteng Regional Office |
Local Government [WSA/WSP] |
30416 |
CAS 419/11/2023 |
Maluti-A-Phofung Loca Municipality-Phuthaditjhaba: Vaal |
Criminal case was opened against the Municipality. The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
|
Mpumalanga Regional Office |
Local Government [WSA/WSP] |
29226 |
CAS 263/11/2023 |
Siyabuswa Wastewater Treatment Works, Dr JS Moroka Local Municipality, Siyabuswa Wastewater Treatment Works: Olifants |
A criminal case was opened, and investigations were completed. The case docket has been handed to DPP for decision. |
|
|
Gauteng Regional Office |
Local Government [WSA/WSP] |
24974 |
388/11/2023 |
Tshiame WWTWs, Maluti-A-Phofong, Tshiame WWTWs: Vaal |
Criminal case was opened against the Municipality. The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
|
Mpumalanga Regional Office |
Local Government [WSA/WSP] |
24874 |
CAS 136/11/2023 |
Motetema WWTW, Elias Motsoaledi Local Municipality, Motetema WWTW: Olifants |
The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
|
Mpumalanga Regional Office |
Local Government [WSA/WSP] |
24873 |
CAS 121/11/2023 |
Groblersdal WWTW, Elias Motsoaledi Local Municipality, Groblersdal WWTW: Olifants |
The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
|
Mpumalanga Regional Office |
Local Government [WSA/WSP] |
24811 |
CAS 190/11/2023 |
Moganyaka Waste Water Treatment Works, Ephraim Mogale Local Municipality, Moganyaka waste water treatment works: Olifants |
The criminal investigation is underway. The Department has also taken administrative enforcement action against the Municipality. |
|
|
Gauteng Regional Office |
Local Government [WSA/WSP] |
24801 |
CAS 50/11/2023 |
Kestell WWTW under Maluti-a-Phofung Local Municipality, Maluti-a-Phofung Local Municipality, Kestell WWTW: Vaal |
Criminal case was opened against the Municipality. The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
|
Gauteng Regional Office |
Local Government [WSA/WSP] |
24738 |
CAS 389/11/2023 |
Harrismith Wastewater Treatment Works, Maluti-A-Phofung Local Municipality, Unknown: Vaal |
Criminal case was opened against the Municipality. The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
|
Gauteng Regional Office |
Local Government [WSA/WSP] |
24389 |
Cornelia Wastewater Treatment Works, Mafube Local Municipality, Cornelia Wastewater Treatment Works: Vaal |
Criminal case was opened against the Municipality. The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
||
|
Eastern Cape Regional Office |
Local Government [WSA/WSP] |
22928 |
CAS 88/11/2023 |
Elliot collector system, Chris Hani District Municipality, Elliot: Mzimvubu/Tsitsikamma |
Investigation underway. Administrative action has also been taken against the Municipality. |
|
|
Gauteng Regional Office |
Local Government [WSA/WSP] |
21230 |
CAS 127/01/2024 |
Namahadi WWTW, Mafube Local Municipality, Namahadi WWTW: Vaal |
Criminal case was opened against the Municipality. The Department has also taken administrative enforcement action against the Municipality. |
|
|
North-West Regional Office |
Local Government [WSA/WSP] |
21127 |
CAS 76/08/2023 |
Percy Steward WWTW, Krugersdorp Municipality (Mogale City), Portion 21 of the farm Sterkfontein 173 IQ: Limpopo |
The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
|
Limpopo Regional Office |
Local Government [WSA/WSP] |
20336 |
CAS 59/05/2023 |
Rebone Ponds, Mogalakwena Municipality, Steiloop: Limpopo |
The criminal investigation is underway. The Department has also taken administrative enforcement action against the Municipality. |
|
|
Mpumalanga Regional Office |
Local Government [WSA/WSP] |
19447 |
CAS 151/11/2023 |
Ephraem Mogale LM Marble Hall WWTW: Olifants |
The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
|
Limpopo Regional Office |
Local Government [WSA/WSP] |
19220 |
CAS 229/11/2023 |
Modimolle Mookgophong LM: Modimolle Town Sewage Overflow from Manholes, Modimolle Mookgophong Local Municipality, Unknown: Limpopo |
The criminal investigation is underway. The Department has also taken administrative enforcement action against the Municipality. |
|
|
Eastern Cape Regional Office |
Local Government [WSA/WSP] |
19052 |
CAS 12/12/2023 |
Alice Pump Stations, Amathole District Municipality, Raymond Mhlaba LM: Mzimvubu/Tsitsikamma |
Investigation underway. Department has also taken administrative enforcement action against the Municipality. |
|
|
North West Regional Office |
Local Government [WSA/WSP] |
19031 |
CAS 127/09/2023 |
Johannesburg Water - Zandspruit Sewage Pumpstation, Mr N. Mukwevho: Limpopo |
The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
|
Gauteng Regional Office |
Local Government [WSA/WSP] |
17630 |
CAS 93/01/2024 |
Villiers Wastewater Treatment Works (WWTW), Mafube Local Municipality: Vaal |
Criminal case was opened against the Municipality. The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
|
Mpumalanga Regional Office |
Local Government [WSA/WSP] |
17213 |
CAS 404/10/2023 |
Malamulele Wastewater Treatment Works (WWTW), Thulamela Local Municipality, Vhembe DM: Olifants |
A criminal case was opened, and investigations were completed. The case docket has been handed to DPP for decision. |
|
|
Gauteng Regional Office |
Local Government [WSA/WSP] |
17107 |
TBC |
Tweeling Waste Water Treatment Works: Vaal |
Criminal case was opened against the Municipality. The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
|
Northern Cape Regional Office |
Local Government [WSA/WSP] |
16801 |
CAS 100/11/2023 |
Bloemhof WWTW, Lekwa-Teemane Local Municipality, Bloemhof: Vaal |
The case is still under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
|
North West Regional Office |
Local Government [WSA/WSP] |
16502 |
CAS 112/08/2023 |
Thabazimbi Waste Water Treatment Works, Thabazimbi Local Municipality, Portion 5 of the farm Donkerpoort 344 KQ: Limpopo |
The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
|
Free State Regional Office |
Local Government [WSA/WSP] |
14599 |
CAS 45/09/2023 |
Koffiefontein WWTW, Letsemeng LM, Koffiefontein: Vaal |
Criminal case was opened against the Municipality. The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
|
Free State Regional Office |
Local Government [WSA/WSP] |
14561 |
CAS 116/09/2023 |
Lindley WWTW, Nketoana Local Municipality, -: Orange |
Criminal case was opened against the Municipality. The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
|
North West Regional Office |
Local Government [WSA/WSP] |
|
CAS 55/10/2023 |
Ekurhuleni Municipality: Olfiantsfontein WWTW Crocodile West/ Marico |
Criminal case was opened against the Municipality. The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
|
|
Mpumalanga Regional Office |
Local Government [WSA/WSP] |
CAS 139/11/2023 |
Sekhukhume District: Moganyaka Olifants |
Criminal case was opened against the Municipality. The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
||
|
Mpumalanga Regional Office |
Local Government [WSA/WSP] |
CAS 139/11/2023 |
Sekhukhume District Municipality: Burgersfort Olifants |
Criminal case was opened against the Municipality. The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
||
|
Mpumalanga Regional Office |
Local Government [WSA/WSP] |
CAS 108/08/2023 |
Hlelo Lunathi: Hendrina Olifants |
Case reopened due to recommendation of Public Prosecutor |
||
|
Mpumalanga Regional Office |
Local Government [WSA/WSP] |
CAS 10/10/2023 |
Mopani District Municipality: Hoedspruit Network & WWTW Olifants |
Criminal case was opened against the Municipality. The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
||
|
Limpopo Regional Office |
Local Government [WSA/WSP |
CAS 404/10/2023 |
Mopani District Municipality: Giyani WWTW Levuvu/ Letaba |
Criminal case was opened against the Municipality. The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
||
|
Limpopo Regional Office |
Local Government [WSA/WSP] |
CAS 230/07/2023 |
Lephalale Local Municipality: Paarl WWTW |
Criminal case was opened against the Municipality. The Department has also taken administrative enforcement action against the Municipality. |
||
|
Free State Regional Office |
Local Government [WSA/WSP] |
CAS 62/7/2023 423/7/2023 |
City of Johannesburg Metro: Bushkoppies and Goudkoppies WWTW Vaal |
Criminal case was opened against the Municipality. The criminal case is under investigation. The Department has also taken administrative enforcement action against the Municipality. |
||
|
Free State Regional Office |
Local Government [WSA/WSP] |
TBC |
Fezile Dabi DM / Ngwathe LM: Koppies WWTW Vaal |
Criminal case was opened against the Municipality. The Department has also taken administrative enforcement action against the Municipality. |
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