The Minister of Cooperative Governance and Traditional Affairs is not tasked with regularly estimating the number of municipalities affected by sewage spillages and the magnitude of the harm they create.
Municipalities are required to report, in terms of section 20 of the National Water Act No 36 of 1998, incidents of sewer spillage to the Department of Water and Sanitation (DWS) which is the water services regulatory authority. DWS has the power to issue non-compliance directives in terms of section 20 (4) (d) of the National Water Act, No. 36 of 1998 for failure to take reasonable measures to contain and minimise the effects of incidents like sewage spillages. Furthermore, DWS maintains a National Information System in accordance with section 67 of the Water Services Act No. 108 of 1997 that provides information to enable monitoring the performance of municipalities on Water Services Authority functions including wastewater management.
The Department of Cooperative Governance (DCOG), together with all other National and Provincial Departments, have a responsibility in terms of section 154 of the Constitution to support and strengthen the capacity of municipalities to perform their functions, including to ensure that wastewater systems are properly functioning well.
Where municipalities fail to perform their functions despite the support provided, the relevant provincial executive and national executive may intervene in accordance with either section 63 of the Water Services Act No. of 108 of 1997 or section 139 of the Constitution.
End.