Plush suburb’s residents raise a stink about leaking sewage

Residents of the plush Mount Edgecombe estate have launched court action against the eThekwini municipality because of stinking, “virtually raw sewage” which is flooding the area because of a malfunctioning pump station.

In February, the residents secured an urgent order in the Durban High Court, compelling the city to rectify the situation within 48 hours.

But this week they were back in court crying foul, saying the city was in contempt of that order and asking the court to jail the responsible officials or order them to personally pay the costs of the litigation.

The Somerset Park Sewer Pump Station is situated on the eastern boundary of Mount Edgecombe Country Club Estate Two.

Residents say the overflow of raw sewage into the Glen Anil stream and the estate’s wetlands does not only affect them, but also residents of the Mount Moriah social housing development, businesses in Riverhorse Valley Business Estate and those who live in New Dawn Park, Newlands East and Sea Cow Lake, before it joins the estuarine component of the Umgeni River.

In the initial application, which came before judge Rashid Vahed last month, estate CEO Desiree Stone said the pump station had, for many years, been in a state of disrepair, but the situation worsened after the implementation of load-shedding in 2014. It also overflowed during heavy rains.

The city had repeatedly made empty promises to rectify the situation.

Stone said after a number of years the municipality installed a generator at ground level, which was damaged with the first rains. It also continually ran out of diesel. Then the battery was stolen.

The residents had engaged the services of several experts who agreed that the levels of pollution were so high, residents were at “immediate risk”.

They had also damaged the environment, posing an immediate danger to aquatic, plant, bird and terrestrial life, and the related ecosystem.

Apart from dead fish and dying vegetation, the debris is unsightly, the malodour is unbearable. Experts reported that ‘virtually raw sewage’ was entering the estate.

—  Estate CEO Desiree Stone 

Recent tests showed excessive levels of concentrated sewage pollution, “unacceptably high micro biological concentrations of E. coli and coliform bacteria”.

“Apart from dead fish and dying vegetation, the debris is unsightly, the malodour is unbearable. Experts reported that ‘virtually raw sewage’ was entering the estate,” Stone said.

The city consented to the order that it install three submersible pumps and a  generator, sufficiently above ground level, within 48 hours, being February 21.

But in the contempt of court application, which came before acting judge Elizabeth Law this week, chairperson of the board Vijendra Gangaram Lalloo said this had not happened.

He said one pump had been installed and another two promised. The city had said it was “waiting for a part from Germany” to fix the generator. He said a city official, in correspondence, had said “these processes take time”.

The city had consented to the granting of the order, Lalloo said.

This meant the head of the legal department had obviously taken instructions from the relevant water and sanitation officials that it should and could be complied with.

“They have been disobedient,” he said, asking that the court direct the relevant official to go to jail for a month. Alternatively, Lalloo said, the court should order that the official pay the legal costs personally because “it is inconceivable in our democracy that municipal officials can act with impunity or gross negligence and then expect ratepayers to foot the bill for their areas”.

The city has until April 12 to file an opposing affidavit.

Estate lawyer Lazelle Paola of Cox Yeats Attorneys, said: “It is unfortunate that the matter has had to reach this stage, but it comes after every effort has been made by the estate to ensure that the municipality addresses the repeated failures at the pump station.

“All that the estate has been trying to achieve is for the municipality to take responsibility and once and for all implement the necessary remedial measures to prevent further environmental harm.”

In correspondence through its attorney, Kay Naidoo said the municipality had been conducting repairs at the pump station to comply with the order, but was unable to meet the 48-hour deadline.

“We are continuing with repairs and have no intention to disrespect the court or its order. Our position will be fully addressed in papers in the pending court applications.”