1. Let’s Change Ba-Phalaborwa initiated legal action on 21 October 2022 regarding water and sanitation issues against both Mopani District Municipality and Ba-Phalaborwa Local Municipality, as well as their respective Municipal Managers and our Water Manager, in their personal capacities.

Accused Number One – Gift Hlongwane – in his Capacity as the Manager responsible for the maintenance of water and sanitation services for the Municipality of Ba-Phalaborwa.

Accused Number Two – Dr Lucas Pilusa – Municipal Manager for the Ba-Phalaborwa Municipality, and responsible for the overall management of the Municipality of which accused number one is a Senior Manager.

Accused Number Three – Tshepo Mogano – Municipal Manager of the Mopani District Municipality, whereby said Mopani Municipality is responsible for oversight with the Municipalities that comprise the Mopani District Municipality.

1. In that the accused, in contravention of section 49(1) (e) of the National Environmental Management Act, Act 107 of 1998, as amended, did unlawfully and intentionally or negligently commit an act or omission which caused significant pollution or degradation of the environment or is likely to cause significant pollution or degradation of the environment.
2. In that the accused, in contravention of section 49(1) (f) unlawfully and intentionally or negligently did commit an act or omission which detrimentally affected or is likely to detrimentally affect the environment.
3. In that the accused, in contravention of section 151(1)(i) of the National Water Act, Act 36 of 1998, as amended, unlawfully and intentionally or negligently committed an act or omission which polluted or is likely to pollute a water resource.
4. In that the accused, in contravention of section 151(1)(j) of the National Water Act, Act 36 of 1998, as amended, did unlawfully and intentionally or negligently commit an act or omission which detrimentally affected or is likely to affect a water resource.

Additional charges were filed on 17 November 2022:

Accused Number Four – The Ba-Phalaborwa Local Municipality; and

Accused Number Five – The Mopani District Municipality

1. In that the accused, in contravention of section 49(1) (e) of the National Environmental Management Act, Act 107 of 1998, as amended, did unlawfully and intentionally or negligently commit an act or omission which caused significant pollution or degradation of the environment or is likely to cause significant pollution or degradation of the environment.

2. In that the accused, in contravention of section 49(1) (f) unlawfully and intentionally or negligently did commit an act or omission which detrimentally affected or is likely to detrimentally affect the environment.

3. In that the accused, in contravention of section 151(1)(i) of the National Water Act, Act 36 of 1998, as amended, unlawfully and intentionally or negligently committed an act or omission which polluted or is likely to pollute a water resource.

4. In that the accused, in contravention of section 151(1)(j) of the National Water Act, Act 36 of 1998, as amended, did unlawfully and intentionally or negligently commit an act or omission which detrimentally affected or is likely to affect a water resource.

5. In that the accused, in contravention of section 151(1)(d) of the National Water Act, Act 36 of 1998, as amended, failed to comply with directives issued under section 53 of the Act.

6. In that the accused stand in violation of section 24 and section 152(1)(b) and (d) of the Constitution.

The Department of Forestry, Fisheries, and Environment (DFFE) was informed of the gravity of these charges; however, they indicated that the matter pertained more to water management than environmental concerns. Consequently, they transferred the case to the Department of Water and Sanitation for further investigation.

LCBP urged all impacted residents to provide sworn affidavits. The DWS has been diligently preparing our case for presentation to the National Prosecuting Authority (NPA). This case incorporates your affidavits, LCBP’s water test results conducted in collaboration with OUTA and their WaterCan platform, as well as our dossier of evidence of the constant water & sewage leaks that beset our town.

During several visits to the town, DWS conducted independent water quality tests, further more, their investigations found that not one of the sewerage pump stations operated by BPM, were fully operational.

The latest update received is that our case is currently under investigation by the NPA office in Polokwane, and we are waiting for their decision with regard to possible court action.

We remain hopeful that this will bring about a resolution to our long-standing water woes.

In July 2022, Let’s Change Ba-Phalaborwa (LCBP) convened an initial meeting with the National Energy Regulator of South Africa (NERSA) to address pressing electrical infrastructure issues within the community. Built with community-provided information, a dossier highlighting the infrastructure challenges was submitted to NERSA for review.

At this time, NERSA declared the Ba-Phalaborwa Municipality (BPM) to be operating in contravention of its electrical distribution license and instructed them to develop and implement a corrective action plan, and to attend regular meetings to update both NERSA and LCBP on progress.

BPM completely disregarded NERSA’s authority by failing to attend these update meetings and by providing a corrective action plan that lacked any substantial commitment to addressing the failing infrastructure.

Frustrated by NERSA’s inability or reluctance to take decisive action against BPM, LCBP sought assistance and guidance from Afriforum. Pursuant to this their legal team have agreed to pursue actions under the Electricity Regulation Act and the Promotion of Administrative Justice Act, we are now waiting their decision with regard to possible court action.

We remain hopeful for a resolution to our long-standing electrical infrastructure woes.