Question to the Minister of Water and Sanitation - NW647

08 April 2024 - NW647

Groenewald, Mr IM to ask the Minister of Water and Sanitation

(1)(a) Which municipalities failed to comply with the directives issued by him based on the Blue Drop and Green Drop audits done by his department and (b) what steps were taken by his department against the specified municipalities and the responsible municipal officials; (2) whether he will make a statement on the matter?

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Reply:

1. The details provided below refer to actions taken on the results of the 2022 full Green Drop audit and the 2023 full Blue Drop audit. Regulatory action is not taken based on the Progress Assessment reports. It is important to note that both the Water Services Act and the National Water Act are used to address non-compliance of the Green Drop report as it impacts on the water resource. Non-compliance identified in the Blue Drop can only be addressed using the Water Services Act and it does not currently make provision for administrative directives. This gap is being addressed through the Water Services Amendment Bill.

For the Blue Drop audit outcomes, the process includes issuing non-compliance letters to Water Services Authorities (WSA) that have critical systems, setting out the findings and requiring the WSA to develop and submit a corrective action plan. Where the WSA fails to do so, the department will follow up. Once a plan is received it is reviewed to assess whether it addresses the findings, and the department proceeds to monitor compliance.

In the case of the Green Drop, the process includes issuing non-compliance letters to WSAs that have critical systems, setting out the findings. The WSAs are required to develop and submit corrective action plans. Where a WSA fails to do so a notice of intention to issue a directive will be issued and again should the WSA fail to comply, a directive is issued by the DWS. Once a plan is received it is reviewed to assess whether it addresses the findings, and the department monitors compliance.

a) The Blue Drop report released on 5 December 2023 identified 277 critical water supply systems belonging to 61 WSAs. Non-compliance letters were issued with a due date of corrective action plans set for 28 February 2024. Table 1 below indicates the status of submission of corrective action plans.

Table 1: Submission of Blue Drop Corrective Action Plans for critical drinking water supply systems

Province	Number of WSAs with critical Systems	Number of WSAs that have provided action plans
Eastern Cape	5	5
Free State	10	6
KwaZulu Natal	4	3
Mpumalanga	8	8
Limpopo	6	1
North-West	7	4
Northern Cape	22	4
Western Cape	4	2

The WSAs in the Eastern Cape and Mpumalanga provinces have all submitted as required. There are 33 WSAs plans outstanding from the various provinces and the DWS is still following up on these.

Plans that have been received are currently being evaluated and follow ups made with the WSAs that have yet to submit. The Department will continue to monitor implementation of the action plans. Continued failure to submit will result in the laying of criminal charges.

b) The Green Drop report released in 2022 identified 344 critical wastewater systems belonging to 90 WSAs. Following the release of this report, the Department issued non-compliance notices to these 90 municipalities, requesting the municipalities to submit corrective action plans to address the shortcomings identified in the Green Drop report. The Department received corrective action plans from municipalities for 168 of the 334 wastewater systems (i.e. a 50% response rate) by March 2023. There were 43 municipalities that requested support from the Department to develop corrective action plans. The DWS is providing assistance to these municipalities to improve wastewater management. The DWS has issued directives to municipalities that did not submit corrective action plans compelling them to submit such plans in terms of the National Water Act. Criminal charges had been laid against some of the municipalities which have not submitted corrective action plans. Please see Annexure A for details and actions taken by the Department against non-compliant municipalities.

The Department has issued a total of 122 Notices of Intention to Issue Directives against Municipalities that demonstrated substandard performance in the Green Drop Report. These Notices were issued to allow the Municipalities the opportunity to provide representations in accordance with the requirements of the Promotion of Administrative Justice Act (PAJA). Certain Municipalities have replied to the Notices issued, and by submitting representations and these submissions were subsequently assessed, the Department accepted remedial action plans where these were appropriate. However, in other instances, the DWS rejected the representations due to their unsatisfactory nature. Subsequent follow-up inspections were carried out to ascertain compliance with the Notices requirements and it was found that some municipalities failed to comply with the instructions outlined in the Notices.

In response, the DWS took further enforcement measures by issuing 77 Directives, compelling the Municipalities to undertake corrective actions to protect water resources. Multiple follow-up inspections were conducted to monitor compliance with the issued Directives. Regrettably, several municipalities have failed to comply, prompting the Department to initiate criminal actions.

As a result, 49 criminal cases were opened with the South African Police Services against municipalities that failed to comply with the Directives, among other charges. Three case dockets have been finalized and referred to the National Prosecution Authority (NPA) for consideration of prosecution. Fines were imposed by the courts on the 3 Municipalities found guilty of contravening the provisions of the National Water Act (36 of 1998) amongst other legislations and Plea Sentencing Agreements were entered into with the Municipalities.

Additionally, the Department pursued Civil Action against non-compliant Municipalities, resulting in the issuance of 3 Court Orders mandating remedial actions to protect water resources.

2. There have been numerous media statements issued by the Ministry in this regard, including when the results were released on the outcomes of the Blue and No Drop Reports and Green Drop Progress Assessment Report released in December 2023, and since the Water Services Authority Summit in January 2024.

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ANNEXURE A

Further enforcement action for failure to address Green Drop findings after issuance of non-compliance letters.

Province	Name of Municipality	Name of WWTWs	Action Taken*
Eastern Cape	OR Tambo DM	Lady Frere	National Water Act Notice and Directive Issued
		Tsolo	National Water Act Notice and Directive Issued
		Loerie	National Water Act Notice and Directive Issued
	Blue Crane LM	Cookhouse	NWA Notice Issued
		Somerset East	NWA Notice Issued
		Jansenville	National Water Act Notice and Directive Issued
		Willowmore	NWA Notice Issued
		Rietbron	NWA Notice Issued
		Addo	National Water Act Notice and Directive Issued
Free State	Letsemeng LM	Koffiefontein	National Water Act Notice and Directive Issued, Criminal Case Opened
		Oppermansgronde	National Water Act Notice and Directive Issued
	Tswelopele LM	Hoopstad	NWA Notice Issued
	Nketoana LM	Lindley-Ntha	National Water Act Notice and Directive Issued, Criminal Case Opened
	Mangaung LM	Northern Works	NWA Notice Issued
		Bloemindustria	NWA Notice Issued
		Soutpan	NWA Notice Issued
		Dewetsdorp	National Water Act Notice and Directive Issued
		Van Stadensrus	NWA Notice Issued
		Wepener	NWA Notice Issued
		Ladybrand	National Water Act Notice and Directive Issued
		Gariep Dam	National Water Act Notice and Directive Issued
		Hennenman	National Water Act Notice and Directive Issued
		Mmamahabane	NWA Notice Issued
		Odendaalsrus	NWA Notice Issued
		Phomolong	National Water Act Notice and Directive Issued
		Thabong	NWA Notice Issued
		Ventersburg	NWA Notice Issued
		Witpan	National Water Act Notice and Directive Issued
		Zastron	National Water Act Notice and Directive Issued, Criminal Case Opened
	Setsoto LM	Ficksburg	National Water Act Notice and Directive Issued
		Clocolan	National Water Act Notice and Directive Issued
		Kestell	National Water Act Notice and Directive Issued, Criminal Case Opened
		Phuthaditjhaba	National Water Act Notice and Directive Issued, Criminal Case Opened
		Tshiame	National Water Act Notice and Directive Issued, Criminal Case Opened
		Wilge/Harrismith	National Water Act Notice and Directive Issued, Criminal Case Opened
	Masilonyana LM	Brandfort	National Water Act Notice and Directive Issued, Criminal Case Opened
		Theunissen-Masilo	National Water Act Notice and Directive Issued
		Winburg	NWA Notice Issued,
		Oranjeville	NWA Notice Issued,
	Moqhaka LM	Kroonstad	National Water Act Notice and Directive Issued
		Steynsrus	National Water Act Notice and Directive Issued
		Viljoenskroon	National Water Act Notice and Directive Issued, Criminal Case Opened
	Ngwathe LM	Parys	National Water Act Notice and Directive Issued, Criminal Case Opened
		Koppies	NWA Notice Issued
		Heilbron	NWA Notice Issued
	Nala LM	Bothaville	National Water Act Notice and Directive Issued, Criminal Case Opened
		Wesselsbron	National Water Act Notice and Directive Issued
		Monyakeng	National Water Act Notice and Directive Issued
	Mafube LM	Namahadi	National Water Act Notice and Directive Issued, Criminal Case Opened
		Villiers/Qalabotjha	NWA Notice Issued, NWA Directive Issued, Criminal Case Opened
		Frankfort	National Water Act Notice and Directive Issued,
		Tweeling	National Water Act Notice and Directive Issued, Criminal Case Opened
		Cornelia	National Water Act Notice and Directive Issued, Criminal Case Opened
Gauteng	Lesedi LM	Devon	National Water Act Notice and Directive Issued,
	City of Tshwane	Klipgat	National Water Act Notice and Directive Issued, Criminal Case Opened
	Rand West LM	Randfontein	National Water Act Notice and Directive Issued, Criminal Case Opened, Case Referred to NPA, Plea Sentencing Agreement
	Merafong LM	Khutsong	National Water Act Notice and Directive Issued, Criminal Case Opened
		Kokosi-Fochville	National Water Act Notice and Directive Issued, Criminal Case Opened
		Wedela	National Water Act Notice and Directive Issued, Criminal Case Opened
		Welverdiend	National Water Act Notice and Directive Issued, Criminal Case Opened
KwaZulu Natal	uMkhanyakude DM	St Lucia	NWA Notice Issued
		Hluhluwe	NWA Notice Issued
		Ingwavuma-Mosvold	NWA Notice Issued
		Mtubatuba	NWA Notice Issued
		Hlabisa Hospital	NWA Notice Issued
Limpopo	Capricorn DM	Senwabarwana	NWA Notice Issued
		Mogwadi	NWA Notice Issued
	Modimolle-Mookgopong LM	Vaalwater-Mabatlane	NWA Notice Issued
		Mookgophong Naboomspruit	National Water Act Notice and Directive Issued, Criminal Case Opened, Court Interdict
	Greater Sekhukhune DM	Dennilton	National Water Act Notice and Directive Issued, Criminal Case Opened
		Motetema	National Water Act Notice and Directive Issued, Criminal Case Opened
		Phokwane	NWA Notice and Directive Issued
		Nebo	NWA Notice Issued
		Tubatse	NWA Notice and Directive Issued, Criminal Case Opened
	Mopani DM	Giyani	NWA Notice and Directive Issued, Criminal Case Opened
		Phalaborwa	NWA Notice Issued,
		Namakgale	NWA Notice and Directive Issued, Criminal Case Opened
	Lephalale LM	Witpoort	NWA Notice and Directive Issued
		Zongesien	NWA Notice and Directive Issued
	Polokwane LM	Seshego	NWA Notice and Directive Issued
		Mankweng	NWA Notice and Directive Issued
	Mogalakwena LM	Mokopane Old&New	NWA Notice and Directive Issued, Criminal Case Opened
		Rebone	NWA Notice and Directive Issued, Criminal Case Opened
		Louis Trichardt-Makhado	NWA Notice and Directive Issued
		Biaba-Dzanani Ponds (Makhado)	NWA Notice and Directive Issued
		Hlanganani Ponds	NWA Notice Issued
		Vleifontein Ponds	NWA Notice and Directive Issued
		Malamulele	NWA Notice and Directive Issued, Criminal Case Opened
		Mhinga	NWA Notice and Directive Issued
	Thabazimbi LM	Thabazimbi	NWA Notice and Directive Issued, Criminal Case Opened
Mpumalanga	Emalahleni LM	Thubelihle	NWA Notice and Directive Issued, Criminal Case Opened
	Pixley ka Seme LM	Amersfoort	NWA Notice and Directive Issued
		Perdekop	NWA Notice Issued
	Lekwa LM	Standerton	NWA Notice and Directive Issued, Criminal Case Opened, Plea Sentencing Agreement, Court Interdict.
	Msukaligwa LM	Breyton Ponds	NWA Notice and Directive Issued,
		Ermelo New	NWA Notice and Directive Issued, Criminal Case Opened, Case Referred to NPA.
	Thaba Chweu LM	Lydenburg	NWA Notice and Directive Issued, Criminal Case Opened, Case Referred to NPA, Plea Sentencing Agreement.
		Coromandel	NWA Notice and Directive Issued
		Greylingstad	NWA Notice Issued
		Grootvlei Mine	NWA Notice and Directive Issued
North-West	Madibeng LM	Mothotlung	NWA Notice and Directive Issued
	Dr Ruth Mompati DM	Vryburg	NWA Notice and Directive Issued, Court Interdict
		Maganeng/Pudimoe	NWA Notice Issued
		Mazista	NWA Notice and Directive Issued
	Moretele LM	Swartdam	NWA Notice Issued
	Ngaka Modiri Molema DM	Coligny	NWA Notice and Directive Issued
Northern Cape	Nama Khoi LM	Carolusberg	NWA Notice Issued
		Concordia	NWA Notice and Directive Issued, Criminal Case Opened
		Springbok	NWA Notice and Directive Issued, Criminal Case Opened
		Victoria West	NWA Notice Issued
		Nababeep	NWA Notice and Directive Issued Criminal Case Opened
		Onseepkans Trench	NWA Notice and Directive Issued Criminal Case Opened
		Pofadder	NWA Notice and Directive Issued Criminal Case Opened
		Norvalspont	NWA Notice Issued
		Pella	NWA Notice and Directive Issued Criminal Case Opened
		Noupoort	NWA Notice Issued
		Bergsig	NWA Notice and Directive Issued Criminal Case Opened
		Kenhardt	NWA Notice Issued
		Colesburg	NWA Notice and Directive Issued, Criminal Case Opened
		Okiep	NWA Notice and Directive Issued, Criminal Case Opened
		Komaggas	NWA Notice and Directive Issued, Criminal Case Opened
	!Kai !Garib LM	Vredesvallei	NWA Notice Issued
	Emthanjeni LM	De Aar	NWA Notice and Directive Issued
		Hanover	NWA Notice and Directive Issued, Criminal Case Opened
	Karoo Hoogland LM	Fraserburg	NWA Notice Issued
		Sutherland	NWA Notice Issued
		Williston	NWA Notice Issued
	Ga-Segonyana LM	Kuruman	NWA Notice and Directive Issued
	Richtersveld LM	Port Nolloth	NWA Notice Issued
		Vanderkloof	NWA Notice and Directive Issued,
	Magareng LM	Jan Kempdorp	NWA Notice and Directive Issued, Criminal Case Opened
	Phokwane LM	Hartswater	NWA Notice and Directive Issued, Criminal Case Opened
Western Cape	Langeberg LM	Robertson	NWA Notice Issued
		Zoar	NWA Notice and Directive Issued, Criminal Case Opened

*Where only a notice was issued there was representation received in which case there was no need for a directive. Similarly, once a directive is issued and there is compliance with the instructions, the department will monitor progress. If none it will proceed to open a criminal case and conduct investigations to obtain evidence to substation the charges.

Source file

RNW647-240408.docx

08 April 2024 - NW647

Groenewald, Mr IM to ask the Minister of Water and Sanitation

Reply:

Source file

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