CoCT sewage debacle: ActionSA welcomes Minister Creecy’s decision that process was “inadequate, outdated and should be redone”

14 June 2023

ActionSA welcomes the Minister of Forestry, Fisheries and the Environment’s finding that the public participation process conducted by the City of Cape Town (CoCT) in order to apply for a permit to discharge sewage into the ocean at Camps Bay, Green Point and Hout Bay is “inadequate, outdated and should be redone to give effect to the right to just administrative action.”

ActionSA asserted, from the start, that the process followed by the CoCT was flawed.

ActionSA is therefore extremely pleased that our call for the public participation process to be redone was heeded, and we welcome Minister Creecy’s interim decision that the City of Cape Town is instructed to hold a fresh, comprehensive, public participation process. The Minister’s decision includes that the City of Cape Town must:

Give notice in the Government Gazette, one local and one national newspaper widely circulated in the City of Cape Town in English, Afrikaans and isiXhosa.

Putt up notices of the applications at public buildings and other places to bring the applications to the attention of the inhabitants of the City of Cape Town.

Invite written responses, objections and/or representations in response to the applications of the City of Cape Town.

Hold at least three public meetings at locations that cater for public meetings, in Green Point, Camps Bay and Hout Bay, which meetings shall be held within 30 days after the notices have been given.

Allow any person wishing to furnish comments, objections and/or representations to the applications to be granted at least 60 days from the date of the last notice to furnish same to the City of Cape Town.

The Minister has directed that, within 30 days of completion of the public participation process, the City of Cape Town must furnish her with:

A report containing an accurate summary of the public participation process followed and the outcome thereof.

All documentation regarding the public participation process includes full and accurate public meeting minutes.

A comment and response table which captures all comments received with responses thereto from the City of Cape Town and

A summary of all objections received.

ActionSA has been fighting to stop the City of Cape Town from pumping raw sewage into the ocean through its Marine Outfall Pipes. Of particular concern to ActionSA is firstly, that there is clear evidence that the raw sewage returns to the bays and beaches through tides and wind action which presents a clear risk to public health, and secondly, that the raw sewage is released into the Table Mountain National Park Marine Protected Area which is detrimental to marine life, is totally unlawful and a clear violation of the right to a healthy environment.

ActionSA was extremely alarmed to learn that the Department of Forestry, Fisheries and the Environment had decided in January 2023 to issue permits which allowed the CoCT to continue pumping raw sewage into the ocean for another five (5) years and, on 9 February 2023, ActionSA lodged appeals against the issuing of the permits.

In ActionSA’s appeal documents, we pointed out that the public participation process undertaken by the City of Cape Town in 2015 was both outdated and flawed. We argued that the issued permits should, at the very least, be referred back for further public participation to allow information, research and experiences to be raised by the community and relevant stakeholders.

ActionSA is encouraged by the fact that the Minister has recognised and emphasised that the permits that the City of Cape Town has applied for, have potentially far-reaching consequences because the discharge of sewage into the ocean can have significant impacts on the environment and public health. We welcome the Minister’s recognition that it is essential that the public have the opportunity to provide input and feedback on these decisions.

ActionSA, therefore, calls on all residents of Cape Town, as well as all those for whom Cape Town is a beloved holiday or business destination, to engage fully in the public participation process: to attend the public meetings and to submit written comments, objections and representations.   ActionSA will use our social media channels to keep the public informed of the City of Cape Town’s notices and public meeting dates.

ActionSA will keep on fighting to ensure that Western Cape residents’ health, the environment and the tourism economy are protected.

Issued by Michelle Wasserman, Western Cape Provincial Chairperson, ActionSA, 14 June 2023