The Save Albert Falls Association has sent an official legal letter to the uMgungundlovu district municipality regarding the contamination of the Albert Falls reservoir with sewage, warning of impending litigation if the pollution is not halted.
The letter was addressed to the uMgungundlovu district municipality, uMngeni-uThukela Water company, and other relevant authorities. The Save Albert Falls Association is a volunteer organization established to protect, conserve, and ecologically rehabilitate the Albert Falls reservoir, the uMngeni river, and associated catchments, wetlands, and tributaries.
Morné du Plessis from Morné du Plessis Attorney Inc confirmed that his office prepared this letter, and notifications were served to all interested parties yesterday.
It was recently revealed that the Albert Falls reservoir is one of the most vital water sources in KwaZulu-Natal, yet it is being polluted due to recurring sewage discharges, malfunctioning wastewater treatment systems, and other forms of contamination.
The letter on behalf of the Save Albert Falls Association stated that the claims are based on a serious, ongoing, and systemic deterioration of the ecological condition and raw water quality in the Albert Falls reservoir and the upstream uMngeni river catchment. This is caused by constant, documented discharges of untreated sewage, industrial effluent, and sewage sludge originating from infrastructure under the jurisdiction and operational control of the uMgungundlovu district municipality.
The letter also served as a formal notification of current violations and a demand for immediate, time-bound, and systemic remedial action. It was drafted to give the District Municipality and relevant state supervisory and regulatory bodies a final chance to engage constructively, take verifiable steps to resolve the issue, and avoid urgent structural and mandatory litigation in the High Court of South Africa.
The Association officially demanded that the uMgungundlovu district municipality provide guarantees within seven days that active and uncontrolled sewage discharges have ceased. Other demands include providing a comprehensive, written, and time-bound action plan to address wastewater treatment issues within 14 calendar days of receiving the notice. This plan must be sworn by the municipal manager and contain detailed engineering information on resolving problems at the affected treatment facilities.
The letter also warned that the Association reserves the right to file official criminal charges with the South African Police Service and the Environmental Management Inspectorate against the municipal manager and responsible officials in their personal capacity in accordance with Section 34 of the National Environmental Management Act (NEMA) and Section 151 of the National Water Act (NWA).
uMngeni-uThukela Water declined to comment on the situation, stating that the municipality is better informed on the matter.
DA Councillor Hazel Lake stated that she has repeatedly requested work on the site where sewage was discharged into the catchment feeding Albert Falls. She noted: 'We have been unable to get any action from the district. Their inaction allows the pollution and degradation of Albert Falls to continue. The lawyer's letter is absolutely desperate, and we hope uMgungundlovu will finally take this matter seriously.'
Brian Zuma, spokesperson for the uMgungundlovu district municipality, reported that their legal team would address the demand letter.