EAST LONDON, Eastern Cape — The South African Human Rights Commission (SAHRC) has issued a damning report exposing severe wastewater infrastructure failures across three Eastern Cape municipalities, warning that ongoing sewage contamination of rivers, estuaries, and coastal waters constitutes a direct infringement of residents’ constitutional rights.
The investigation focused on Buffalo City, Nelson Mandela Bay, and Kouga municipalities, revealing widespread non-compliance at multiple wastewater treatment works and dangerously elevated bacterial contamination at several beaches. The Commission cautioned that the pollution presents a serious threat to public health and the broader environment.
## Buffalo City Identified as Worst Offender
According to the SAHRC findings, Buffalo City Municipality emerged as the most severe contributor to the crisis. The West Bank wastewater treatment works in KuGompo City recorded an alarming E. coli count of 616,000 per 100 ml, accompanied by near-total oxygen depletion in the surrounding water.
The Commission has given Buffalo City just 14 days to submit an emergency intervention plan addressing the West Bank site.
A Buffalo City Municipality spokesperson confirmed that a team had already been assembled to respond within the Commission’s timeline. The spokesperson stated that the municipality had acknowledged the findings and was developing an intervention plan, adding that West Bank had not previously been a problem area and that several interventions had been carried out at the site. The spokesperson attributed the recent deterioration to vandalism.
Kouga and Nelson Mandela Bay Given 60-Day Deadline
The Kouga and Nelson Mandela Bay municipalities have been granted 60 days to demonstrate measurable progress through water quality testing, allocated budgets, and clear timelines.
Kouga’s own monitoring data confirmed that effluent discharged from the Jeffreys Bay and KwaNomzamo wastewater treatment works remained non-compliant. A Kouga Municipality spokesperson attributed the failures to vandalism and illegal industrial dumping into the sewer system. The spokesperson maintained that all equipment at the plant was functional but acknowledged that performance had fallen short of expectations. The municipality said it was in the process of rebuilding bacterial cultures and enzyme levels to restore efficient operations. The spokesperson further noted that normal domestic sewerage accounts for only 20 to 40 percent of the plant’s load, with the remainder comprising industrial wastewater.
In Nelson Mandela Bay, New Brighton and Hobie beaches recorded elevated contamination levels. A Nelson Mandela Bay Municipality spokesperson said the Commission’s findings were consistent with the metro’s own monitoring results but emphasised that the elevated readings were not uniform across the coastline. The spokesperson noted that the majority of monitored beaches, including Blue Flag sites, generally recorded acceptable water quality, and that heightened bacteria levels were confined to specific locations and fluctuated over time. The municipality pledged to continue investing in wastewater infrastructure, strengthening scientific monitoring, and collaborating with stakeholders to protect rivers, beaches, and the coastal environment.
Calls for Enforcement and Possible Prosecution
The SAHRC made clear that municipalities can no longer respond to the crisis with plans and infrastructure announcements alone while polluted water continues flowing into rivers and beaches. The Commission has called on the Department of Water and Sanitation and the Department of Forestry, Fisheries and the Environment to consider issuing enforcement directives and, where evidence supports it, pursuing criminal prosecution.
Furthermore, the Commission has urged the Cooperative Governance and Traditional Affairs Department (COGTA) to assess whether the persistent failures in these municipalities warrant intervention under Section 139 of the Constitution, which allows for provincial or national government to step in when a municipality cannot fulfil its obligations.
The SAHRC’s report underscores a growing national concern over the collapse of basic sanitation services and the cascading effect on communities’ right to a healthy environment, clean water, and dignity.
