One of the newly-erected “no fishing” signs at Durban’s Blue Lagoon. (Photo: Ethekwini Muncipality) 
The eThekwini (Durban) Municipality has been put on terms to begin immediate repairs to pump stations and other infrastructure to prevent further illegal sewage flows into Durban’s Blue Lagoon and Umgeni River Estuary.
The Green Scorpions have also rejected eThekwini’s initial claim that the problem had been fixed, noting that this version contradicted the findings of seven separate site visits by the Environmental Management Inspectorate of the national Department of Forestry, Fisheries and the Environment (more commonly known as the Green Scorpions).
Wearing gumboots and a face mask, Durban river activist Janet Simpkins records video evidence of untreated sewage flowing into the Umgeni River at the Connaught Bridge stormwater drain on 17 August 2022. (Photo: Tony Carnie)
It has now emerged that the City is still busy removing several tons of debris from a blocked sewer line in an operation scheduled to last at least a month. The City has also been forced to ban fishing and recreation in the estuary until further notice after receiving a Coastal Compliance (warning) Notice from the inspectorate.
This follows an investigation into the uncontrolled sewage flows into the Umgeni from a stormwater drain directly beneath Connaught Bridge, and a formal warning notice sent to eThekwini City Manager Musa Mbhele on January 6.
Unlawful discharge
The national department noted that despite previous warnings to City officials, eThekwini had failed to take “reasonable measures to halt this unlawful discharge”.
The Green Scorpions did not appear to accept initial assurances by the municipality that the discharge was not “intentional”, but rather due to a temporary blockage of a sewer line on North Coast Road that had allegedly been unblocked.
If this line had indeed been cleared, the sewage flows would have ceased — but that was not what Green Scorpions inspectors found or photographed during seven separate site inspections between 6 October 2023 and 18 November 2024.
Daily Maverick also observed and photographed toilet paper and floating lumps of faeces flowing into the river at the same point on 17 August 2022 — suggesting that sewage flows from this drain have been going on for more than two years.
In the compliance notice sent to Mbhele, the department noted that if the City failed to comply with its Coastal Protection Notice, “you will have committed a category two criminal offence”.
The City faces a fine of up to R2 million if it fails to comply with a Coastal Protection Notice issued by the Green Scorpions. (Screenshot: National Department of Forestry, Fisheries and the Environment notice)
One of the newly erected 'no fishing' signs at Durban’s Blue Lagoon. (Photo: eThekwini Municipality)
“This offence attracts a penalty on a first conviction of a fine of up to R2 000 000 and/or imprisonment and/or community service for a period of five years.”
The protection notice requires eThekwini to “cease all unauthorised activities” within 24 hours and to investigate the exact source of the sewage within 10 days.
The City was further instructed to repair any defective machinery/equipment/infrastructure within 14 days, and to submit a rehabilitation plan to the department for review and approval.
Within 30 days, Ethekwini is required to appoint an independent ecologist to assess the impact of the sewage flows, and also submit monthly reports to the department on the implementation of its rehabilitation plan and emergency action plans to unblock sewer lines.
“These reports must continue to be submitted until the department agrees in writing that the reports are no longer required.”
Fishing and recreation ban
In response to questions sent to the municipality by Daily Maverick last week (22 January), eThekwini spokesperson Gugu Sisilana confirmed that the fishing and recreation ban at Blue Lagoon was still in place as the national department had not indicated that it could be lifted.
On why fishing ban signs were not visible when Daily Maverick visited the estuary last week, Sisilana said: “The beach is patrolled by law enforcement departments to prevent fishing in the area. There is signage that had to be procured, and it has been installed (see attached picture),” she said on 27 January.
The City further stated that sanitation department staff had begun clearing a sewer trunk mainline between Krishna Road and Rosebelle Lane in Umgeni Park and “around 30 cubic metres of silt, debris and detritus (gravel, tar, cardboard, plastic, sand, and several foreign objects)” had been removed so far.
“The project was estimated to take 30 days before the approximately 750m sewer line is functional.”
In addition, the Johanna Road pump station was converted from manual operation to automated operation last week. DM
https://www.youtube.com/watch?v=REeWvTRUpMk