The Bloemfontein High Court mandates Free State officials to end sewage pollution. Requiring immediate action and a financial recovery plan for Mafube Municipality.
Key points:
- The Bloemfontein High Court has ordered Free State officials to address sewage pollution.
- Mafube Municipality must implement a financial recovery plan and emergency measures.
- AfriForum and the Mafube Business Forum are working to improve service delivery in the region.
The Bloemfontein High Court delivered a landmark judgment against the Mafube Municipality and top officials. They emphasized that residents in the Free State deserve better service delivery. The court ordered that municipalities in the province must take accountability for ensuring effective services to the people.
Court Ruling on Sewage Pollution
A full bench of three judges directed senior officials in the province, including the Free State Premier and the MEC for Cooperative Governance. In order to finalize and implement a financial recovery plan without delay. The court instructed these officials to immediately stop the sewage pollution affecting the Vaal and Wilge Rivers, which the municipality’s wastewater treatment facilities cause. The court mandated that they report to the court under oath within 60 days on interim measures taken to prevent further sewage spills.
Appeals and Court’s Decision
This ruling followed an appeal by the Mafube Business Forum (MBF) and AfriForum. They had previously sought to hold the Free State Premier and other officials in contempt of court for failing to address the sewage pollution issue. While the full bench ruled that the Premier could not be held in contempt, it upheld the appeal regarding the implementation of declaratory and mandatory orders. The court directed the Premier and other officials to enforce a financial recovery plan. This is for the Mafube Municipality and introduce emergency measures to stop the pollution.
AfriForum’s Response
Jaco Grobbelaar, AfriForum’s head for the Central Region, praised the court’s ruling. He called it a significant blow to the Mafube Municipality. He highlighted that the judgment underscores the municipality’s failure to upgrade its infrastructure. Also its lack of political will to address the ongoing issues. “The municipality would rather continue with years of litigation than face its problems,” Grobbelaar said.
The judgment also noted the repeated legal actions against the Mafube Municipality for mismanagement and poor service delivery. Despite these ongoing issues, the municipality has shown little regard for complying with court orders. While the court acknowledged that Mafube, as a small municipality, lacks the resources to upgrade its infrastructure, it criticized the municipality’s maladministration and failure to implement effective revenue collection measures.
The court also highlighted the lack of progress in Mafube’s Financial Recovery Plan, despite National Treasury’s involvement in the process. The court suggested putting a structural interdict in place to ensure that Mafube provides detailed reports on the assistance it has sought from National Treasury to address its financial problems.
