Court slams eThekwini Municipality for unlawful beach re-openings amid E. coli risks

The KwaZulu-Natal High Court has issued a scathing judgment against the eThekwini Municipality, accusing the city of endangering public health by reopening beaches with dangerously high E. coli levels without provincial approval.

The judgment, handed down on Thursday, centers on events from November 2022 following a legal application by the Democratic Alliance (DA). The DA accused the municipality of failing to adequately address massive sewage spills caused by failing wastewater treatment infrastructure.

READ: Judicial blow for eThekwini: High Court finds city failed to prevent river and beach pollution

BACKGROUND: THE 2022 INFRASTRUCTURE CRISIS
In April 2022, eThekwini was devastated by historic flooding that severely damaged its wastewater treatment facilities.

This led to large-scale sewage leaks into the ocean, forcing the municipality to close several beaches dueto the resulting spike in E. coli levels.

BREACH OF AGREEMENT
The court noted that during a meeting in November 2022, municipal officials and the KZN Department of Economic Development, Tourism, and Environmental Affairs (EDTEA) reached a formal agreement: no beaches were to be reopened without explicit approval from the provincial department.

According to the judgment:

The municipality was granted permission to open four specific beaches.

The municipality proceeded to open an additional five beaches without any authorisation.

JUDICIAL FINDINGS
The court ruled that the municipality’s actions were unlawful and constituted a serious threat to the safety of residents and tourists.

“As the evidence has indicated, E. coli levels were high on the beaches, this being indicative of untreated waste in the water. Beaches ought not to have been opened as this posed serious health risks to beachgoers. It was, therefore, unlawful for eThekwini to re-open those beaches without the approval of EDTEA,” the judgment stated.