Durban - Ocean lovers have rallied together to use the courts to help clean the sea off Durban of sewage.
They have launched a non-profit organisation that aims to get city officials who fail to repair wastewater treatment plants by target dates to be held in contempt of court.
Inspired by Gift of Givers’ Imtiaz Sooliman’s call to South Africans to be part of solutions to problems, Save Our Rivers and Sea from Sewage this week held a fundraising dinner to raise more than R60 000 for the services of a wastewater expert to help them in court.
“When one approaches the court, the presiding judge relies heavily on the evidence of experts,” veteran surfer, businessman and ocean activist Jean-Marc Tostee said, addressing the event on behalf of the NPO.
Save Our Rivers and Sea from Sewage had identified Dr Marlene van der Merwe-Botha to prepare a detailed report after she inspected all wastewater plants responsible for discharging raw or partially treated wastewater into the uMngeni or uMbilo rivers.
“We believe the court should be approached with an application to direct that prioritised problem areas should be attended to,” said Tostee.
He said it was not good enough to get an order directing the eThekwini Municipality to restore the entire wastewater treatment system.
“We believe specific treatment plants and pump stations must be identified, and the court must be approached for an order that a specific pump be repaired within a specific time period.
“The court must direct eThekwini Municipality and government officials to report back to the court to explain whether the pump has been repaired and, if not, why not.
“In that way, officials can be held accountable. The court can even be asked to issue a warrant for an official’s arrest on the basis of contempt of court.”
Van der Merwe-Botha is a wastewater expert with a PhD in industrial wastewater treatment.
“She is a registered scientist with more than 20 years’ experience in the field and is a professional process controller. Her most recent involvement has been to audit all municipal waste treatment works in South Africa,” Tostee said.
“She is also the author of the Green Drop Report (aimed at encouraging municipalities and all water services authorities to raise the bar in terms of water purification and sewage effluent treatment) that was released by the minister of water and sanitation in April last year.”
After receiving free legal advice from the NPO, a resident living close to the uMbilo River laid a charge against municipal officials at Pinetown police station in the middle of last year. She alleged they had negligently allowed raw sewage to flow into the river, Tostee went on to say.
“Once the police docket was formally registered on the database of the SA Police Service, the deputy director of the Green Scorpions was approached and she appointed a seasoned environmental management inspector to go to the Pinetown police station to collect the docket.
“The deputy director appointed one of her top inspectors, who met the complainant at her home and took water samples.”
They were sealed, photographed and placed in formal police evidence bags.
At the time of going to press, the Green Scorpions had not yet responded with an update on the case.
The city said it saw no reason to comment on the NPO’s initiative.
“However, it is proud of the strides it has made so far to repair its infrastructure damaged by floods, and it will not allow any distraction,” said spokesman Msawakhe Mayisela.
Retired attorney Johan Jooste, one of the directors of Save Our Rivers and Sea from Sewage, said if the NPA did not raise funds to hire an expert, it would be reduced to being just a talking shop.
“Then Jean-Marc (Tostee) suggested holding a dinner, and we ran with it again.
“Without money, you can do nothing. Most of us can offer our services free of charge, but one can’t expect a person of that stature for free.”
Jooste said the NPO would also welcome skills offers from artisans and other people.
“We were inspired by Dr Sooliman’s speech about needing to do things rather than complaining. We should be positive.”
Tostee is no stranger to getting things done.
He negotiated with the municipality about beach closures when municipal and private pollution readings were inconsistent towards the end of last year, was among a group who set out to sea to protest the national ban on surfing during the Covid lockdown, and was at the forefront of protecting Durban North from looters during the insurrection of July 2021.
Tostee told more than 200 people at the dinner how he had survived huge business losses as a result of currency fluctuations while stuck in the US during the September 11, 2001 attacks. He had returned home owing R9 million, but had managed to turn his finances around in 12 years.
His surfing shop, Surf HQ, and other beach-related enterprises had borne the brunt of beach closures owing to Covid and pollution.
Also addressing the dinner were Adopt a River’s Janet Simpkins, another director of Save Our Rivers and Sea from Sewage, and The Litterboom Project’s Josh Redman.
The two organisations are involved in extensive litter collection, recycling, education, and other projects.
The Independent on Saturday