ActionSA in KwaZulu-Natal has expressed deep disappointment over ongoing delays in joint litigation against the eThekwini Metro, which hinder efforts to hold the municipality accountable for its failure to repair sewerage infrastructure.
The party was the first to initiate legal action against the City of eThekwini for negligence regarding the sewerage system in 2023.
The case involves legal action against eThekwini Metro Municipality and several government departments for their failure to repair sewer infrastructure, which has caused the spewing of raw sewerage into rivers and the ocean for the past few years, resulting in high E.coli levels.
The DA was subsequently instructed by the Durban High Court judge to involve ActionSA in the case given that both parties had submitted applications for the same goal
Despite ActionSA’s advanced case status, subsequent legal proceedings by the DA have led to significant delays in the joint matter’s progression.
Originally set for October 3rd and 4th, 2024, the hearing was postponed to February 20th and 21st, 2025, at the DA’s request, citing unprepared legal representation.
“Now, in yet another blow to the residents of eThekwini, the DA has requested yet another postponement, claiming the unavailability of their legal team,” said Zwakele Mncwango, ActionSA KwaZulu-Natal provincial chairperson.
“This repeated stalling by the DA demonstrates a blatant lack of respect and regard for the people of eThekwini. While the DA publicly claims to fight for residents’ rights, their actions show otherwise.”
Mncwango added that these delays enable the continued collapse of basic services, while raw sewage spills into rivers, residential areas, and oceans, forcing beach closures and posing serious health and environmental risks.
“The effect on tourism and health sectors is devastating,” he said.
“The arrogance and disregard displayed by the DA not only undermine the urgency of this matter but also obstruct the fight to compel the municipality to fulfil its constitutional mandate. This has left us unable to make meaningful progress in ensuring that eThekwini residents receive the services that they are constitutionally entitled to.”
He further criticised the legal system’s tolerance for repeated postponements, saying that it fails the residents who depend on these proceedings to restore basic dignity and services.
“The residents of eThekwini deserve better, and we will continue fighting for the restoration of their basic rights and services,” he said.
The devastating floods damaged eThekwini’s sewer system, prompting ActionSA to approach the high court to compel repairs.
The party contends that ongoing sewage leaks into natural water sources violate constitutional rights to a clean environment.
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