DA in eThekwini calls on the provincial government to intervene in terms of Section 139 of the Constitution to fix the sewage crisis

Sewage flows in Durban. File Picture: Sibusiso Ndlovu/African News Agency(ANA)

Sewage flows in Durban. File Picture: Sibusiso Ndlovu/African News Agency(ANA)

Published Nov 25, 2022

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Durban – The DA in eThekwini calls for the immediate intervention of the KwaZulu-Natal provincial government in terms of Section 139 of the Constitution in the ongoing sewage crisis in the city.

In September The Mercury’s sister publication the Daily News reported that DA KZN Co-operative Governance and Traditional Affairs spokesperson Martin Meyer, called on KZN Premier Nomusa Dube-Ncube to invoke Section 139 of the Constitution following eThekwini Municipality’s ongoing failure to deal with the metro’s growing sewage crisis.

DA eThekwini caucus leader Thabani Mthethwa said the call follows more than seven months of uncontrollable sewerage flowing in the city’s rivers and beaches causing a serious health crisis and damage to the tourism sector.

“Section 139 of the Constitution states; When a municipality cannot or does not fulfil an executive obligation in terms of the Constitution or legislation, the relevant provincial executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation. This does not mean a total collapse of the municipality but for the provincial government to intervene specifically in the sewage crisis,” he said.

Mthethwa said it is now even clearer that there has been a severe violation of the Constitution and various pieces of legislation by eThekwini and national government which has resulted in the sewage crisis residents currently face, as well as the unmitigated environmental disaster currently unfolding in our rivers and ocean.

He added that there is no plan to resolve the sewage crisis and the provincial government must intervene and ensure compliance.

THE MERCURY