MBOMBELA, MPUMALANGA – Emalahleni Local Municipality has been handed a crushing R650 million fine by the Mpumalanga High Court after pleading guilty to multiple environmental offences that saw untreated sewage pollute major water systems for six years.
The landmark ruling represents one of the largest environmental penalties ever imposed on a South African municipality, stemming from systematic violations of both the National Environmental Management Act and the National Water Act between March 2019 and March 2025.
Widespread environmental destruction
The court heard how the municipality’s negligence led to raw sewage overflowing from municipal manholes into the environment, directly contaminating a tributary of the Olifants River system. The pollution spread across multiple critical areas, including the Witbank Dam, Naawpoort River, Steenkoolspruit, Klein Olifants River, and industrial sites such as Ferroglobe Silicon Smelters.
The municipality was found guilty on multiple charges, including unauthorised waste disposal, failure to comply with Water Use License conditions, significant environmental pollution, and non-compliance with ecological authorisation requirements.
Community outcry triggers investigation
The prosecution followed extensive community complaints about water pollution, which prompted investigations by environmental enforcement agencies. The Green Scorpions from the Department of Agriculture, Rural Development, Land and Environmental Affairs, working alongside the Blue Scorpions from the Department of Water and Sanitation, uncovered the extent of the municipality’s violations.
During sentencing proceedings, State Advocate Beauty Cibangu emphasised the severity of the crimes, highlighting their “devastating impact on the ecosystem and public health.” She noted that such pollution creates severe health risks, environmental degradation, and economic losses for affected communities.
The court imposed a fine of R650 million or 10 years’ imprisonment, with R150 million suspended for five years under strict conditions. The municipality must avoid any further pollution-related convictions during the suspension period to benefit from the reduced penalty.
Crucially, R500 million of the fine must be directly invested in rehabilitating damaged wastewater infrastructure by April 2031. The municipality faces stringent reporting requirements, with comprehensive technical and environmental rehabilitation reports due by 31 March 2026, covering wastewater treatment works in Emalahleni, Ogies, KwaGuqa, and Ga-Nala areas.
Broader environmental implications
The National Prosecuting Authority (NPA) welcomed the conclusion of the case, with regional spokesperson Monica Nyuswa reaffirming the NPA’s “commitment to prosecuting environmental crimes without fear, favour, or prejudice.”
The case highlights growing concerns about municipal capacity to manage basic environmental responsibilities, with officials noting that such offences contribute significantly to climate change, water contamination, and air pollution.
The municipality’s Municipal Manager entered the plea agreement on behalf of Emalahleni Local Municipality under Section 105A of the Criminal Procedure Act.
