A recent report issued by the Public Protector (PP), Adv Kholeka Gcaleka, containing her findings into allegations of maladministration, improper conduct, and the failure of functionaries from the Vhembe District Municipality (VDM) and the Musina Local Municipality (MLM) to maintain the sewage infrastructure in Musina properly, promises to have far-reaching effects for other similarly failing municipalities.
The report, issued on 30 June this year, specifically relates to a complaint lodged on 20 May 2024 by Mr KS Semono, acting on behalf of the residents of Matswale Phase 10, Ward 5, Musina.
The complainant alleged that the community was suffering from poor service delivery and continuous sewage spillage, leading to significant harm to the environment and public health. Concerns included a persistent bad smell, raw sewage flowing into a nearby water stream - which increased the risk of mosquitoes, malaria, and other diseases - the need for improvement of the sewerage system through either covering or underground placement, and constantly blocked drains that the VDM failed to resolve.
The PP's report critically highlights the VDM's lack of by-laws related to environmental protection and sanitation. Specifically, the report concludes that the VDM "does not have a by-law which deals with water, sanitation and environment." This absence is deemed "indicative of poor or inadequate planning by the Municipality."
Regarding the MLM, Gcaleka also had harsh words. The report substantiated allegations that functionaries of the MLM failed to maintain the sewage infrastructure at Matswale Phase 10 properly, resulting in continuous sewage spillage in a residential area. This failure led to significant pollution and an overwhelming stench, violating residents' constitutional right to an environment that is not harmful to their health or well-being.
Further criticism highlighted the MLM's operational deficiencies, including its failure to monitor the removal or prevention of illegal dumping in the area. The municipality also failed to place a waste-collection container as previously undertaken, contributing to unsanitary conditions and persistent unpleasant odours. The PP notes that the MLM did not ensure that all refuse within the municipal area was collected or disposed of in accordance with its own by-laws. The report emphasised that the MLM, alongside the VDM, failed to exercise its executive and legislative authority in using municipal resources in the best interests of the local community. It also noted a dire need for the MLM to create awareness and advocacy around environmental sustainability within the community.
In the report, the PP makes several remedial recommendations, which are legally binding and aimed at rectifying the maladministration and improper conduct identified. Regarding the VDM, the municipal manager is mandated to conduct inspections and routine maintenance of the sewer infrastructure immediately to prevent recurrence. Within 60 calendar days, the VDM must promulgate water services by-laws that include sanitation and environmental aspects. The municipality is also required to conduct quarterly inspections to monitor sewage infrastructure to ensure environmental safety, and to monitor and report to the council on permanent solutions for sewage blockages and waste collection. Furthermore, the VDM must conduct a professional engineering study of the affected areas in Musina to design new infrastructure that will permanently resolve the water crises and overflowing drainage systems, also within 60 calendar days.
As for the MLM, the municipal manager must place a waste-collection container and provide a schedule for regular waste removal at Matswale Phase 10, Ward 5, within 30 calendar days. Within the same period, the MLM must also erect "No dumping" signage in the area, with clearly stated penalties. Within 60 calendar days, it must monitor and report to the council on all measures taken to address waste collection and environmental protection in the area permanently. Both municipalities are required to submit an action plan to the PP within 30 calendar days, outlining the implementation of these remedial actions.
Both the VDM and MLM confirmed receiving the report. The VDM stated that it was committed to implementing the PP's recommendations. "The municipality has already appointed service providers to conduct feasibility studies regarding the sewer systems that need upgrading across all local municipalities," said Moses Shivambu, VDM spokesperson. He added that a service provider had also been appointed specifically to begin upgrading the sewer system in Musina.
Regarding environmental matters, Shivambu told the newspaper that such matters fell under the responsibility of the local municipality. Wilson Dzebu, spokesperson for the MLM, responded by saying that their legal team was studying the document and would comment at a later stage.
The findings of the PP's report have been met with mixed reactions from political and community stakeholders.
Eugene Khoza, Limpopo Provincial Deputy Chairperson of the Pan Africanist Congress of Azania, welcomed the findings. "This report is a true reflection of what is going on with the sewage in Matswale. We are hopeful it will lead to meaningful change in how the sewerage system in Musina is handled," said Khoza, emphasising the need for follow-up by the PP's office.
Some residents, however, expressed scepticism, believing the report alone will not bring about meaningful change. "I'm not sensing any improvement in how water and sanitation issues are handled in Musina. The report will only bring results if proper action is taken against both VDM and MLM. There should have been harsher consequences to ensure accountability," said a concerned resident.