Court orders Sol Plaatje Municipality to fix sewerage crisis
Kimberley, 11 April 2025 — A High Court ruling has offered long-overdue hope for the waterbirds of Kamfers Dam, once home to South Africa’s only breeding colony of Lesser Flamingos.
Judge Stanton, delivering judgment in the Northern Cape Division of the High Court, ordered Sol Plaatje Municipality to halt the discharge of untreated sewerage into Kamfers Dam and to restore the Homevale Wastewater Treatment Plant. The ruling follows a contempt application by Northern Cape Ranchers CC, owners of the land on which the dam is located, after the municipality failed to act on a March 2024 order.
Years of sewerage at Kamfers Dam
Years of sewerage pollution have transformed the dam into what Judge Stanton described as an “astounding” case of environmental neglect. The death of over 130 birds at Kamfers Dam near the end of 2024 highlighted the severity of the situation – just one among many similar sewerage crises across the country as local authorities fail to meet treatment standards set down in the National Water Services Act (108 of 1997) and associated regulations.
The Judge cited Section 24 of the Constitution — the right to an environment not harmful to health or well-being — and rebuked the municipality for its “careless and negligent disregard” for its constitutional duties.
The municipality claimed financial constraints, but the court was not convinced. “It is absolutely astounding,” wrote Judge Stanton, “that the municipality is applying for further funding given the allocated amount of almost R500 million for infrastructure development and maintenance.”
Brenda Booth, whose family has owned the land for generations, says the Homevale plant has long failed to meet treatment standards. A deed of servitude permits effluent discharge — but only if properly treated. “Foam, odour, and water testing clearly show that this has not been the case,” she said.
Acting on Booth’s behalf, advocate Danie Oliver cited serious pollution, the destruction of the wetland sanctuary, and flooding of 700 hectares of farmland. The judgment confirms a structural interdict compelling the municipality to restore legal discharge limits and to prevent raw sewerage from entering the dam.
Municipality must report to the Court on progress
By 30 May 2025, the municipality must report to the Court on progress. Conditions include that no sewerage with E. coli levels above legal limits may be released, and that treated wastewater must not exceed 30 megalitres per day — or must be reduced until water levels return to 2015 standards. Ongoing reports will be required every four months until the Court is satisfied.
Environmental specialist Ester van der Westhuizen-Coetzer, who reported the December bird deaths to BirdLife South Africa, welcomed the ruling. “The interdict comes as a huge relief. We’re hopeful this will galvanise the municipality into making the necessary repairs to the Homevale plant so that the environment can recover.”
BirdLife South Africa CEO Mark Anderson, who has monitored Kamfers Dam for years, expressed cautious optimism. “Although the flamingos have not been able to breed at Kamfers Dam since the sewerage works fell into disrepair, we are encouraged by the court ruling — the town of Kimberley deserves to have its flamingos back where they belong.”
He also praised Booth’s persistence: “We need people like Brenda Booth who are prepared to stand up for their rights as well as for the environment. We hope this ruling serves as a caution to other local authorities who are failing to protect our valuable wetlands and water resources.”
