Municipality officials should have been held liable for pollution: AfriForum

Company directors are held personally liable for pollution 'while municipal officials get away with their crimes', says civil rights group

10 April 2024 - 18:58
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AfriForum says it is unfair that directors of companies are held personally liable for contravening environmental legislation, while municipal officials get away with their crimes. Stock photo.
AfriForum says it is unfair that directors of companies are held personally liable for contravening environmental legislation, while municipal officials get away with their crimes. Stock photo.
Image: 123RF

Relevant officials at the Govan Mbeki local municipality in Mpumalanga should have been personally held liable for the various violations of environmental and water legislation that the municipality was found guilty of, AfriForum said on Wednesday. 

The organisation made this remark after the Bethal magistrate’s court fined the municipality R200m for contravening environmental legislation.

The municipality was found guilty of widespread pollution of natural water resources with raw sewage and the mismanagement of municipal landfills that took place between November 2019 and September 2020. The verdict was reached after municipality entered into a plea and sentence agreement with the state.

In the sentence passed on Tuesday, the municipality was further ordered to repair all equipment as will be identified by the contractor on or before December 2026 and install weighbridges at all landfill sites on or before May 30 2025. 

AfriForum’s environmental adviser Marais de Vaal said environmental legislation was generally applied very strictly in the case of the private sector.

He said government agencies, which were among the nation’s biggest polluters and violators of environmental laws, were often not held accountable for violations.

AfriForum said it was disappointed the relevant municipal officials were not held personally accountable. It was unfair that directors of companies were held personally liable for wrongdoing, while municipal officials got away with their crimes, it added. 

A further concern was that the fine imposed on the municipality, which must be paid from the municipality’s budget, effectively meant taxpayers pay while the community was already paying for the municipality’s failures and pollution. 

De Vaal said the R3bn that was owed to Eskom, R800m the municipality owed to Rand Water and the R200m fine left serious concerns about the sustainability of the municipality. 

De Vaal said AfriForum would reach out to the municipality to help tackle the pollution problem, which still occurs in many areas. 

TimesLIVE 


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