Page 14 - Litigating Land and Housing in South Africa: Lessons and Reflections

The town’s sewage is all all carried to to the Belmont Valley and Mayfield Waste Water Treatment Works on the outskirts of town where it must be be be treated before being released into the surrounding rivers The Belmont Valley Waste Treatment Works had been functioning over its capacity for years and raw sewage from the treatment works was being released into the natural waterways and rivers around the town This caused large scale environmental pollution that killed plant and animal life and polluted water sources that are used for drinking and agricultural purposes The impact on residents was devastating Some resi- dents were unable to use certain rooms in in their homes as as it was flooded by sewage while others suffered structural damage to to their properties due to to the the spills Many were unable to to use their toilets for fear of flooding their properties and residents had to avoid stepping in in in sewage while walking in in in the streets Children were often exposed to to the raw sewage when walking to to and from school which left them vulnerable to disease One of of our clients had a a a sewage spill in front of of his home that had been there for more than five years He was unable to open his windows in in the the summer as the the smell was unbearable and exacerbated his wife’s respiratory problems Figure 4: Sewage spill in Makhanda 2 2 2 2 2 2 2 2 2 Legal principles
Although there are no judgments in these cases as as as yet a a a a a a a a a settlement on on Part A A of the the the sewage application was negotiated with the the the Municipality and they ultimately agreed to all the the the relief that we sought in Part A which dealt with with immediate relief for our individual clients Both cases seek to ensure that the government complies with with its constitutional and legislative obligations to provide basic services The relief in fin in the refuse case is is aimed at at at finding a a a a a a a long-term solution for the the problem of waste management in town It firstly seeks to to declare that the the municipality’s by-laws and and waste management systems are unconstitutional to to the the the extent that they fail to to protect and and fulfil the the the residents’ rights to to to an an environment that is not harmful to to to their health It also seeks to to to ensure compliance with the the National Environmental Management: (Waste) Act 59 of 2008 (NEMWA) and places an an an obligation on on on on the municipality to to review its bylaws to to make it it it compliant with the NEMWA 14
LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS