PORT SHEPSTONE – In a recent episode of Water Woes UGU, Professor Anthony Turton clarified the law and its implications for UGU District Municipality and its activity on the Umzimkulu River. According to Section 21 of the National Water Act, any unlicensed alteration of the bed, bank, or flow of a river in South Africa is a criminal act. Thus, it is not within the remit of any municipality or provincial authority to bypass this law.
The Green Net took Professor Turton to the scene when one of the berms was being built. Turton believes that the berms are meant to optimize profits for a mining company, and not to regulate the flow or prevent saltwater intrusion. He believes that the story that the berms are in the public interest is a distortion of the truth.
At the scene, evidence showed that the purpose of the berms was to create a shortcut to Hall Road on the northern bank of the river. This would have enabled quicker delivery of sand from Batstan’s Drift, leading to greater profits for the mining operation. As such, Turton concluded that the activity was simply a profit-maximization effort, rather than any attempt to benefit the public.
According to Turton, Section 21 of the National Water Act explicitly defines that any unlicensed alteration of the bed, bank or flow of a river in South Africa, is a criminal act. UGU is planning to spend millions, if not billions, of taxpayer Rands on the questionable and expensive berms which are completely ineffective and highly destructive.
Professor Turton discussed the ‘social contract’ between the citizens of South Africa and the government, in which the governed agree to abide by the laws and pay taxes in return for protection and the delivery of essential services, such as water and sanitation. This means that it is not within UGU’s Ambit to bypass any laws. Furthermore, any attempt to do so constitutes a criminal offence.
It is clear that the law must be followed and those implicated in any illegal activity must be held accountable. The Green Net will continue to monitor the activity of UGU and record videos to use as evidence. The public can also contribute by submitting their Water Woes videos with commentary to [email protected].