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Forestry, Fisheries and Environment Minister Dion George's revelation that the City of Cape Town faces possible prosecution by the NPA for its continued illegal discharge of sewage into coastal waters reveals what we already know - that for years the Metro has acted with impunity.

In response to a recent question to Minister of Forestry, Fisheries, and the Environment, ActionSA asked whether action has been taken against the City of Cape Town for its continued defiance of environmental legislation, the Minister confirmed that a docket has been sent to the NPA, with a decision on potential prosecution pending.

The City currently releases in excess of 30 million litres of raw, untreated sewage daily into marine reserves through marine outfalls along the Atlantic seaboard. The City’s justification is based on a sewage discharge practice that is over 100 years old, predating the Constitution, relevant environmental legislation and the declaration of impacted marine reserves. 

The most notable portion of Minister George's response is that a criminal case has been opened against the City of Cape Town in respect of the Hout Bay outfall. A docket has been sent to the NPA, with a decision on potential prosecution pending. A PAIA application filed by ActionSA revealed in 2023 that the metro exceeded the daily maximum volumes of sewage permitted through the marine outfalls in 104 days over a 180 day period.

The Minister highlights that the Department of Forestry, Fisheries and Environment issued compliance notices to the City of Cape Town in February for its failure to meet certain standards set out in their Coastal Water Discharge Permits (CWDPs), acknowledging that the City has - up until this year - continued to flout rules. 

In a partisan political manner the Minister relies upon the fact that the appeal lodged against the City’s  CWDPs has resulted in the removal of all daily limits thus justifying the City to discharge any amounts of raw untreated sewage, including into the marine reserves. This is simply astonishing for a Minister charged with the protection of our environment. 

ActionSA has fought this matter over the past two years including filing the criminal charges against the City of Cape Town in November of 2023 that undoubtedly has forced the Minister’s hand in this.

The real concern at this point is the recent trend in which the NPA addresses these cases of violations of environmental law by imposing fines on offending municipalities – something eagerly accepted by political leaders who simply pass these costs onto the ratepayers. ActionSA will monitor this case closely to ensure that there is real accountability in this matter and that senior government officials are held accountable. 

Earlier this year, as part of the #ShittyTour, I led a gathering of members of the media in helicopter flights over these marine reserves on the Atlantic Seaboard of Cape Town revealing the magnitude of the problem and their close proximity to the coastline. It was revealed that testing by the City is selectively conducted in certain times of the year when wind conditions move the sewage plumes out to sea, masking the day to day risks to the health and environment of local residents. 

It is equally worrying how partisan party-political considerations appear to be determining the Minister George’s willingness to hold accountable the City of Cape Town. ActionSA will use all available mechanisms in Parliament to ensure that the Minister treats Cape Town appropriately as one of the greatest offenders of environmental legislation in local government.

Issued by ActionSA National Chairperson Michael Beaumont