Wastewater pollution in the Klip River catchment has led to criminal proceedings against the City of Johannesburg, the City of Ekurhuleni and Mogale City, according to the Department of Water and Sanitation.

• Criminal proceedings are at an advanced stage against the City of Johannesburg, the City of Ekurhuleni and Mogale City over wastewater pollution linked to the Klip River system.
• The Department of Water and Sanitation says enforcement in the Klip River catchment marks a major regulatory escalation in Gauteng.
• The latest Green Drop report shows national compliance dropped from 23% to 9%, with 88 sewage pollution cases opened since 2017.

Criminal proceedings are at an advanced stage against the City of Johannesburg, the City of Ekurhuleni and Mogale City over wastewater pollution linked to the Klip River system, the Department of Water and Sanitation has confirmed.

While prosecution for sewage pollution is not new in South Africa, the concentration of enforcement action in the Klip River catchment marks one of the most significant regulatory escalations in Gauteng in recent years.

The legal action comes as the latest Green Drop report reveals widespread dysfunction at municipal wastewater treatment works across the country, with Green Drop compliance falling from 23% to just 9% nationally.

Since 2017, the department has opened 88 criminal cases for sewage pollution involving 52 municipalities nationwide. Most remain under investigation.

In Gauteng, regulators have focused on treatment works discharging into the Klip River and its tributaries – a system that ultimately feeds into the Vaal River Barrage and forms part of the Integrated Vaal River System.

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Formal directives were issued against wastewater treatment works in Johannesburg, Mogale City and Ekurhuleni after investigations found them to be contributing to ongoing pollution in the Klip River catchment.

“Administrative enforcement mechanisms were initiated. However, these measures did not yield the desired results,” said Wisane Mavasa, spokesperson for the Department of Water and Sanitation.

“As compliance was not achieved within the stipulated timeframes, the department has escalated the matter and is pursuing criminal actions. Investigations are currently at advanced stages,” Mavasa said.

In Johannesburg, directives were issued for the Goudkoppies, Bushkoppies and Olifantsvlei wastewater treatment works after they were found to be contributing to pollution in the Klip River system.

Mavasa said failure to comply with directives issued in terms of the National Water Act constitutes a serious offence and triggers escalation.

“The department cannot allow ongoing pollution of strategic water resources. Where administrative enforcement fails, criminal action becomes necessary,” he said.

Johannesburg Water spokesperson Nombuso Shabalala confirmed the matter was currently subject to legal processes.

Shabalala said:

In Mogale City, the Flip Human Wastewater Treatment Works was found to be in contravention of its water use licence conditions.

In its response, Mogale City said it disputed aspects of the department’s characterisation and maintained that corrective measures were being implemented.

The municipality said operational challenges at the Flip Human plant were being addressed through infrastructure upgrades and process interventions aimed at restoring compliance.

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Waterval Wastewater Treatment Works in Ekurhuleni – which discharges into the Natalspruit, a tributary that ultimately joins the Klip River – was found to be in contravention of its water use licence and issued with a directive.

Ekurhuleni did not respond to requests for comment by deadline.

Even as enforcement intensified, the department acknowledged gaps in its monitoring framework.

Said Mavasa: “The current water quality monitoring programme does not include polycyclic aromatic hydrocarbons (PAHs) as parameters of concern.”

The rate of deposition and accumulation of PAHs in sediments is typically higher than in the water column. Over time, sediments can act both as a sink and a secondary source of contamination, he added.

Wastewater pollution in the Klip River catchment has led to criminal proceedings against the City of Johannesburg, City of Ekurhuleni and Mogale City, according to the Department of Water and Sanitation.

Wastewater pollution in the Klip River catchment has led to criminal proceedings against the City of Johannesburg, City of Ekurhuleni and Mogale City, according to the Department of Water and Sanitation.

Despite confirmed pollution and criminal investigations, the department confirmed that no formal public advisory has been issued beyond catchment forum engagements.

‘Escalation highlights systemic compliance failure’

Andrew Barker, chairperson of the Klipriviersberg Sustainability Association, said the concentration of enforcement action within a single catchment reflects systemic compliance failure across Gauteng’s southern wastewater corridor.

Said Barker: “While enforcement for sewage pollution is not unique to this river, the clustering of licence contraventions, directive failures and advanced investigations affecting municipalities feeding the same catchment underscores the scale of the compliance problem.”

This story is produced by Our City News, a non-profit newsroom serving the people of Johannesburg.