Local Government, Environmental Affairs and Development Planning

(1) The canals as mentioned are storm water canals and not sewage canals which were polluted as a result of the lack of sanitary services within the informal section of the township. The sewage that does land up in the canals are due to residents disposing their night soil directly into the canals. The Department of Environmental Affairs and Development Planning is not responsible for the maintenance and control of the storm water canals. A Directive was issued to the City of Cape Town Municipality (“the City”) on 21 July 2017 to address the above-mentioned challenges. As a result, the canals were re-engineered to allow for easy access by maintenance services, wash-houses were constructed to prevent disposal into the canals and a low-flow diversion canal was constructed to provide community members with a designated point for disposal of grey water and soil. The low flow diversion stops the grey water and sewage from entering the storm water canals.

(2) The Department of Environmental Affairs and Development Planning issued the following enforcement notices in terms of the NEMA, namely:

i) Section 28(4) Directive to the City of Cape Town (“the City”) on 20 January 2017 which directed the City to submit a matrix/action plan with timeframes to address pollution problems within the informal section of the township.  Numerous follow-up inspections were undertaken by the Department to ensure compliance with the said plan and the construction/infrastructure work conducted. Since the issuance of the Department’s Directive, there has been several improvements in living conditions of the people within the informal settlement, and the matter was regarded as finalised.

ii) Whilst conditions at the informal settlement had improved, further complaints were received by the Department approximately six months after the case was closed due to a lack of maintenance of infrastructure and inadequate sanitation. As a result, a second Directive was therefore issued in terms of S28 (4) of the NEMA on 21 July 2017, to the City, due to the various complaints received, relating to appalling living and unhygienic conditions within the informal settlement. Instructions contained within the Directive included the following:

• Immediately repair all the blocked toilets in the informal part of the township by replacing faulty infrastructure, fixing blockages and leakages;
• Provide additional toilets to accommodate the inhabitants in the informal part of the township;
• The City was requested to submit to this Department, for approval a schedule with timeframes for the respective clean-up operations, inspections and maintenance of the storm-water canals, toilets, standpipes and solid waste removal services in the affected area;
• The City was instructed to have the stormwater canals re-engineered to allow water to flow and prevent the stagnation of the water flowing through it;
• The storm-water canals in the affected area had to be dredged of silt bi-monthly.

             iii) In an attempt to address the abovementioned problem the City, without approval from the Department, commenced with unlawful activities (i.e. digging of trenches and channelling raw sewage and grey water within the wetland) causing further pollution within a watercourse adjacent to Masiphumelele Informal Settlement, Noordhoek.  A Compliance Notice was therefore issued in terms of S31L of the NEMA  on 16 January 2018 as well as a Directive in terms of S28(4) of the NEMA to the City for the unlawful excavation (i.e. digging of trenches and channelling of raw sewage and grey water) within the wetland. Whilst the area had rehabilitated naturally and with the growing of reads, the City is in the final stages of providing a rehabilitation plan for the area.

              iv) This Department had conducted regular site inspections to monitor compliance with above enforcement notices up until such time it is deemed that no further action would be necessary from this Department. The Directive in terms of s28(4) of the NEMA was aimed at addressing the short- to medium term interventions to improve the living and unhygienic conditions within the township, which may significantly impact on the health and wellbeing of the inhabitants within the Masiphumelele community, and the environment. Improvements have occurred at the informal settlement.

(3) It is not within this Department of Environmental Affairs and Development Planning’s function or mandate to provide additional toilets. However, this Department has instructed the City to conduct an assessment and provide additional toilets and repair all broken infrastructure in the Directive issued on 21 July 2017. The City installed additional toilet and ablution facilities, however, vandalism within the township is an on-going problem.

(4) The Department of Environmental Affairs and Development Planning has worked jointly with the City, Department of Water and Sanitation, the office of the Public Protector and the South African Human Rights Commission (SAHRC”) on this matter. The Directives issued in terms S28(4) of the NEMA raises the environmental health hazards with City of Cape Town. The City also has to report to the SAHRC on a monthly basis