A recent High Court ruling has cast a harsh spotlight on the eThekwini Municipality’s handling of a prolonged sewage pollution crisis, with concerns mounting over public health risks, economic damage, and the safety of the city’s famed beaches.
The court found the municipality in breach of Section 24 of the Constitution, which guarantees an environment not harmful to health, and has ordered immediate corrective action. This follows a legal challenge by Action SA, which cited failed engagements with the city over ongoing water contamination.
Action SA councillor Simango, who led the party’s legal efforts, provided a stark assessment in an interview. While he noted that three of four recently closed beaches have been reopened, he raised serious concerns about the safety standards being applied.
“The city is using 500 CFU per 100ml [to determine beach safety],” Simango stated, referring to the measure of fecal bacteria in water. “Internationally, beaches will get closed when they reach 285.” He revealed that two currently open beaches, Point Beach and Country Club, are testing at over 300 CFU, a level he considers unsafe for swimmers.
A key part of the court’s ruling mandates daily public disclosure of water quality test results at all beaches. “The city has had a tendency of hiding the results or misleading the community,” Simango alleged, arguing that transparency will allow individuals to make informed decisions.
The court has also compelled the municipality to produce, within two months, a comprehensive plan to address the root causes of the pollution. Simango outlined systemic failures driving the crisis: poorly maintained wastewater treatment plants, illegal sewage connections to the stormwater system, and aging, neglected infrastructure.
“The last time we got Blue Flag status was 2020. Twelve beaches in Durban were having Blue Flag status. Today you can’t find one beach that can qualify,” Simango said, highlighting the damage to Durban’s tourism reputation. He described a cascading economic impact, with hotels suffering, beachfront restaurants closing, and informal traders losing their livelihoods.
“Those mamas and gogos who are selling along the beaches are suffering a lot because they rely on the tourists,” he added.
Simango emphasized that legal action was a last resort after political engagement failed. “We firstly engaged with the municipality… But obviously there’s arrogance in our government… They don’t want to listen to anyone who wants to come up with solutions.”
While hailing the court’s ruling as a “victory for all tourists and ratepayers of Durban,” Simango stressed that the real work lies ahead. He called for accountability from municipal officials and political leaders, noting that the Provincial Department of Economic Development had already opened criminal cases related to environmental pollution prior to the 2022 floods.
The situation leaves residents and potential visitors in a difficult position amid good holiday weather. Simango advised caution, stating, “Ordinarily someone who’s cautious about health issues will definitely not swim in a beach with the results of more than 300 CFU.”
The eThekwini Municipality now faces a court-ordered deadline to present a credible plan to fix the crumbling infrastructure and management failures that continue to spill sewage onto Durban’s shores, with the health of the public and the economy hanging in the balance.
