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Sewage disaster in Upington: AfriForum lays criminal charges against Municipal Manager

Dr. Elias Ntoba, the Municipal Manager of the Dawid Kruiper Local Municipality, could face serious consequences for his failure to put an end to the sewage crisis plaguing Upington, following the laying of criminal charges against him by AfriForum this week. The charge was filed on Monday (28 September) at the Upington Police Station in terms of Section 151 of the National Water Act. This section classifies, among other things, the intentional or negligent pollution of water sources as a criminal offense.

AfriForum’s complaint follows Ntoba’s months-long failure to tackle the crisis regarding sewage pollution from the Louisvale Road oxidation pond. The civil rights organisation has been urging Ntoba to intervene in the pollution disaster since August, after the oxidation pond began leaking and it became clear that untreated sewage was flowing from it into the Orange River.

According to Werner Strauss, AfriForum’s district Coordinator for the Northern Cape – who lodged the complaint on behalf of the organisation – AfriForum notified Ntoba in writing during August and September of this year about the leak and the resulting pollution. Ntoba did not respond to any of AfriForum’s correspondence. In these communications, AfriForum explicitly highlighted the danger that this pollution poses to the environment and the health of residents, particularly those in the Louisvale Road community.

Meanwhile, on 22 September, AfriForum collected water samples from a runoff stream approximately 2 km from the oxidation pond and submitted them to an independent, accredited laboratory to determine the water quality. The test results indicate the presence of high levels of coliform bacteria and E. coli in the water currently flowing from the dam. According to the results, more than 123 000 colony-forming units (CFU) of coliforms and 800 CFU of E. coli per 100 ml were recorded. To meet minimum microbiological standards, effluent must contain fewer than 1 000 CFU of faecal coliforms per 100 ml.

Strauss maintains that Ntoba’s failure to respond to AfriForum’s repeated, urgent requests is concerning and disappointing. “Sewage is currently flowing past schools, clinics, businesses, and even through the PepsiCo/Pioneer Foods SAD site before finally ending up in the Upington canal, which in turn flows into the Orange River. Despite the immense risk this poses to the community and the fact that the responsibility for repairing the dam and preventing pollution rests with the municipality, Ntoba appears unphased. Given the severity of the pollution, we had no choice but to lay a criminal charge against Ntoba,” Strauss emphasises.

“Immediate action is now essential to limit the impact of the disaster and hold Ntoba accountable for his negligence. AfriForum stands firmly behind the Louisvale Road community and will continue to defend their rights until an end is put to this pollution,” concludes Strauss.

The criminal charge against Ntoba will now be investigated by the police.

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