AfriForum welcomes “stink fine” for MP municipality, disappointed that officials are not held personally responsible
AfriForum today welcomed the “stink fine” of R200 million, which was imposed on the Govan Mbeki Local Municipality yesterday by the Bethal Magistrate’s Court. However, the civil rights organisation argues that the relevant responsible municipal officials should much rather be held personally liable for the various violations of environmental and water legislation of which the municipality has now been found guilty.
The municipality was found guilty of widespread pollution of natural water resources with raw sewage and the mismanagement of municipal landfills that took place between November 2019 and September 2020.
According to Marais de Vaal, AfriForum’s Environmental Advisor, environmental legislation is generally applied very strictly in the case of the private sector. However, government agencies, which are among the nation’s biggest polluters and violators of environmental laws, are often not held accountable for violations. AfriForum, therefore, welcomes the court’s decision to act firmly against the Govan Mbeki Local Municipality, through a fine and accompanying court order to compel the municipality to carry out necessary repairs to municipal infrastructure.
However, AfriForum is disappointed that the relevant municipal officials are not held personally accountable. The private sector and government institutions must be judged by the same yardstick when it comes to environmental legislation. However, it is unfair that directors of companies are held personally liable for wrongdoing, while municipal officials get away with their crimes.
A further concern is that the fine imposed on the municipality, which must therefore be paid from the municipality’s budget, effectively means that taxpayers have to pay for the fine. This is while the community is already paying for the municipality’s failures and pollution.
“The fact that a proposal to buy a new, luxurious car for the mayor was recently tabled in the municipal council just highlights how unconcerned municipal officials are in carrying out their obligations in the service of the community. Service delivery can no longer be left in the hands of criminal municipal officials,” says De Vaal.
The fine that has now been imposed on the Govan Mbeki Local Municipality will only worsen the financial predicament in which the municipality already finds itself, explains De Vaal. He maintains that the R3 billion that is already owed to Eskom, and the R800 million that the municipality owes to Rand Water, together with the fine of R200 million leave serious concerns about the sustainability of the municipality.
AfriForum will reach out to the municipality to help tackle the pollution problem, which still occurs in many respects. According to De Vaal, the community has the necessary expertise and willingness to solve these problems.
