The Long Wait Is Over, The Court Battle For eThekwini Residents Has Arrived
Joint Press Statement by Michael Beaumont and Zwakele Mncwango
ActionSA National Chairperson and KZN Provincial Chairperson
ActionSA’s long-anticipated legal battle with the eThekwini Municipality over its sewage crisis will now finally be heard in the Durban High Court next week on 24 and 25 July 2025.
Following long-term failures to resolve its sewage crisis, ActionSA filed papers in 2022 against eThekwini Municipality, citing the violations of the constitutionally enshrined rights of eThekwini residents to a safe and clean environment and their right to economic development.
The sewage crisis has impacted the city profoundly with the frequent closure of beaches due to unsafe E. coli levels, the pollution of water systems, and communities suffering the indignity of sewage overflows. The impact upon the domestic economy has been devastating with annual tourist visits to eThekwini dropping from 15 million in 2015 to less than 800 000 in 2023.
ActionSA’s legal action asks the courts to declare the failures of the eThekwini Municipality unconstitutional and to compel the municipality to produce a plan to turnaround the crisis that will be made a time-bound order of court. If ActionSA is successful either the sewage crisis will be resolved, or senior eThekwini Municipality officials will be jailed in contempt of court for any deviation from the court-ordered turnaround plan.
In 2024 the Democratic Alliance filed similar papers in the Pietermaritzburg High Court which has resulted in delays. Despite the matter being ready to be heard in court in February this year, at the request of the DA’s legal counsel, the matter was postponed to next week to the detriment of residents of eThekwini. Despite this, ActionSA welcomes the court’s decision to join the DA’s legal action to ActionSA’s case because eThekwini residents will benefit from having two parties fighting this fight.
ActionSA is pleased that this matter is finally before the courts and looks forward to the opportunity to fight this long overdue fight on behalf of all residents of eThekwini. It is clear from the past few years that the eThekwini Municipality has not resolved this issue and is indifferent to their constitutional violations of the rights of its residents.
ActionSA has committed itself to focus on this kind of work to demonstrate its commitment to reversing the collapse of the basic service delivery infrastructure in so many municipalities across South Africa. This case is a vital demonstration of our long-term commitment to this principle and the residents of eThekwini.
The Long Wait Is Over, The Court Battle For eThekwini Residents Has Arrived
ActionSA’s long-anticipated legal battle with the eThekwini Municipality over its sewage crisis will now finally be heard in the Durban High Court next week on 24 and 25 July 2025.
Following long-term failures to resolve its sewage crisis, ActionSA filed papers in 2022 against eThekwini Municipality, citing the violations of the constitutionally enshrined rights of eThekwini residents to a safe and clean environment and their right to economic development.
The sewage crisis has impacted the city profoundly with the frequent closure of beaches due to unsafe E. coli levels, the pollution of water systems, and communities suffering the indignity of sewage overflows. The impact upon the domestic economy has been devastating with annual tourist visits to eThekwini dropping from 15 million in 2015 to less than 800 000 in 2023.
ActionSA’s legal action asks the courts to declare the failures of the eThekwini Municipality unconstitutional and to compel the municipality to produce a plan to turnaround the crisis that will be made a time-bound order of court. If ActionSA is successful either the sewage crisis will be resolved, or senior eThekwini Municipality officials will be jailed in contempt of court for any deviation from the court-ordered turnaround plan.
In 2024 the Democratic Alliance filed similar papers in the Pietermaritzburg High Court which has resulted in delays. Despite the matter being ready to be heard in court in February this year, at the request of the DA’s legal counsel, the matter was postponed to next week to the detriment of residents of eThekwini. Despite this, ActionSA welcomes the court’s decision to join the DA’s legal action to ActionSA’s case because eThekwini residents will benefit from having two parties fighting this fight.
ActionSA is pleased that this matter is finally before the courts and looks forward to the opportunity to fight this long overdue fight on behalf of all residents of eThekwini. It is clear from the past few years that the eThekwini Municipality has not resolved this issue and is indifferent to their constitutional violations of the rights of its residents.
ActionSA has committed itself to focus on this kind of work to demonstrate its commitment to reversing the collapse of the basic service delivery infrastructure in so many municipalities across South Africa. This case is a vital demonstration of our long-term commitment to this principle and the residents of eThekwini.