The Matjhabeng Local Municipality, together with the acting municipal manager, Thabo Panyani, was found guilty of contempt of court and fined R250 000.
The sewage spill in Nashua Welkom has been the subject of court proceedings dating back to 2021.
In September 2022, the then municipal manager, Zingisa Tindleni, was ordered to take all necessary steps to ensure full and timely compliance with the Free State High Court’s ruling, which forces the municipality to repair the sewage system and provide monthly updates to Nashua Welkom’s lawyers until the repairs are completed.
The municipality was also ordered to take all necessary steps and ensure that temporary mobile pumps, which regulate the flow of sewage within the interim installed pumps, are kept in place.
In addition, the municipality was directed to take all precautionary measures to avoid any possible contamination or associated problems with the sewer lines or infrastructure and the proper and effective flow thereof until the final date of resolution of the matter as ordered.
However, the company has now approached the High Court, arguing that the municipality failed to comply with the order.
Acting judge Suzanne Boonzaaier agreed last Thursday, June 5.
“In the circumstances, intent can be inferred, which places a burden of proof on the respondents (the municipality and Panyani) to raise a reasonable doubt as to whether their non-compliance was intentional or in bad faith,” she found.
Nashua Welkom wanted Panyani to be sentenced to six months in prison, or as the court may deem fit and on such conditions as it deems appropriate.
The judge, however, ruled that previous court orders were issued when different officials held office in the local municipality.
“In my opinion, it would be inappropriate to attribute that responsibility to the current acting official in his personal capacity, especially given the temporary nature of his position,”
She was not convinced, however, that the municipality and Panyani had made all reasonable efforts to comply with the court order, as the problem continues, and its impact is still being felt not only by Nashua Welkom, but also by the general public.
The judge then declared Matjhabeng and Panyani in contempt of court for failing to comply with three orders and ordered them to pay a fine of R250 000 to Nashua Welkom.
The fine was suspended for six months on condition that the municipality and Panyani would rectify their contempt.
Should they fail to rectify their contempt in any way, the company was given permission to approach the court, with duly supplemented documents, if necessary, to bind the municipality and Panyani to the payment of the fine.
The municipality was also ordered to pay Nashua Welkom’s costs.
Tshediso Tlali, spokesperson for the municipality, says that after receiving a notice of prohibition, consultations were immediately initiated with structural engineering to assess the situation and determine the most appropriate course of action regarding access to the building.
An assessment of the building has since been completed.
Although some signs of wear, tear and damage have been observed, there is currently no clear indication of an imminent risk of structural collapse. However, steps are being considered to address and improve the overall condition of the building soon.
Furthermore, the municipality acknowledges the recent Free State High Court judgment in the matter involving Connectpro trading as Nashua Mobile, where the municipality was found in contempt of court.
“We wish to assure residents that the municipality remains committed to delivering essential services and addressing infrastructure challenges.
“Notably, intervention at the affected premises occurred during the legal process, and efforts were made to resolve the sewer-related issues raised.
“We respect the court’s decision to suspend the contempt order for six months, allowing time for compliance.
“The municipality is currently consulting with legal advisors to determine whether to appeal the judgment. We reaffirm our commitment to the rule of law, transparency, and improved service delivery.”
