KOUGA – The South African Human Rights Commission (SAHRC) launched its investigative report into recreational water quality, wastewater infrastructure failures, sewage-related contamination and the condition of selected rivers, estuaries and coastal waters in the Eastern Cape.
According to the report, the Commission has found that Kouga Local Municipality has not demonstrated adequate treatment performance at the Jeffreys Bay Wastewater Treatment Works or compliant final-effluent quality at the KwaNomzamo Wastewater Treatment Works.
The report also investigated Nelson Mandela Bay Municipality and Buffalo City Metropolitan Municipality.
The report found that Kouga “failed to take adequate, effective and sustained measures to prevent wastewater-related pollution, protect water resources and safeguard the rights of affected communities and public users.”
The investigation followed complaints about sewage discharges into the Swart River, Seekoei River, lagoons and the ocean near Aston Bay, and public use of affected watercourses without adequate warning.
The Public Protector’s report of 30 September 2025 found that Kouga lacked adequate measures for maintaining and upgrading wastewater infrastructure at both plants, which were non-compliant with key legal prescripts and discharged effluent exceeding permissible limits.
According to the report, the deficiencies infringed constitutional rights, including dignity, a safe environment and access to basic services.
The report indicated that the response lacked urgency, with weak oversight and enforcement.
The report states that at Jeffreys Bay, deficiencies included an unmonitored inlet, inadequate maintenance and inadequate chlorine dosing, and no backup power during outages and load shedding.
Meanwhile, at KwaNomzamo, the plant had not operated at full capacity for an extended period and was associated with untreated or partially treated flows and security vulnerabilities.
The Commission’s independent coastal sampling on 14 October 2025 showed low microbiological contamination at the Jeffreys Bay coastal site, but the report states that this did not displace the March 2026 treatment-performance data. According to the report, at Jeffreys Bay, the clarifier outlet recorded E coli and faecal coliforms greater than 2 420 per 100 mL.
The report indicates that after the polishing-pond stage, the pond outflow recorded E coli of 133 per 100 mL against a final-effluent limit below 1 per 100 mL, faecal coliforms of 461 per 100 mL and total coliforms greater than 2 420 per 100 mL. At KwaNomzamo, final effluent recorded E coli and faecal coliforms greater than 2 420 per 100 mL.
The report indicates that the water-use licence prescribes limits of no more than 1 000 per 100 mL, but the results exceeded the limits in its water-use licence by at least 142%.
According to the report, on 23 July, Kouga submitted written representations including water-use licences and stated that measures at KwaNomzamo had not yet restored compliant final effluent, and did not rely on refurbishment as proof of compliance. The Commission accepted these as demonstrating institutional responsiveness but found they “do not alter the central finding that sustained compliant final-effluent performance had not yet been achieved.”
It concluded that “the existence of infrastructure, refurbishment projects, monitoring programmes or future plans does not by itself establish compliance” and that “general assurances, unsupported statements of intention and descriptions of future work will not constitute compliance.”
The report recommended that Kouga continue and strengthen remedial measures, secure compliant operation of both treatment works and associated infrastructure. Monitoring should cover the final-effluent point, the downstream receiving environment, and the Seekoei River and Estuary mouth, and the Aston Bay area.
The report called for event-responsive testing after sewage spills and infrastructure failures, prompt public warnings where risks arise, and continued implementation of the Public Protector’s remedial action.
The report states that Kouga must submit a consolidated implementation report within 60 days, signed by the Municipal Manager.
Municipal Manager Charl du Plessis acknowledged the SAHRC’s finding that sustained compliant treatment performance has not yet been achieved at the Jeffreys Bay WWTW.
“The Jeffreys Bay WWTW is currently not operating fully within its licence conditions. A significant contributing factor is the high salinity entering the sewer reticulation network along the coastal areas, where naturally brackish groundwater infiltrates the system. This elevated salinity accelerates corrosion and causes frequent failures of mechanical components that were never designed to operate under such conditions,” said Du Plessis.
He said that, recognising these challenges, the municipality undertook extensive repairs and maintenance at the Jeffreys Bay WWTW during November 2025, with the plant being recommissioned in December 2025. Du Plessis said since then, operational performance has improved considerably, although further work remains necessary to achieve full licence compliance.
He said several immediate and medium-term mitigation measures have already been implemented. These include the installation of an additional sodium hypochlorite disinfection system during June 2026 to improve final effluent quality, while additional budget has been requested to clean and rehabilitate the oxidation ponds.
He said beyond Jeffreys Bay, Kouga operates seven wastewater treatment works that collectively achieved an average effluent compliance of 63% during the July 2025 to June 2026 reporting period.
“Although microbiological compliance and certain organic loading parameters remain below the required standards, other critical indicators, including pH, nitrate, nitrite and fluoride, continue to demonstrate consistently high compliance, confirming that key aspects of the treatment process remain stable,” said Du Plessis, adding that the municipality has implemented a comprehensive, funded recovery programme aimed at restoring long-term compliance.
He said following years of under-investment, Kouga’s institutional Green Drop score improved from 19% to 43.3% during the 2025 Green Drop assessment, with five of its seven wastewater treatment works moving out of the critical-risk category.
Du Plessis said a formal Corrective Action Plan has been submitted to the Department of Water and Sanitation, with implementation already well underway. He said the municipality has also intensified efforts to address external factors that negatively affect treatment performance. Du Plessis said during the 2026/27 financial year, the municipality will continue implementing a focused programme of infrastructure investment, operational enhancement and regulatory compliance.
“Key priorities include restoring full operational and drinking water quality compliance through improved chlorine dosing and laboratory reporting; improving wastewater treatment performance; implementing advanced pollution-monitoring systems and strengthened trade-effluent enforcement; expanding and developing the process-controller workforce in accordance with Regulation 3630; and fully implementing the Green Drop Corrective Action Plan to improve performance ahead of the next national assessment in 2027,” said Du Plessis.
He said the municipality is fully committed to fulfilling its responsibilities as a Water Services Authority.
Du Plessis further said the municipality is equally committed to transparency and accountability. “Municipal teams continuously monitor wastewater infrastructure, respond rapidly to incidents when they occur and implement corrective measures to minimise environmental impacts and protect public health.”
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