Cape Town sewage discharge decision looming
Appeal over Cape Town’s ocean sewage discharge licences still pending as decision awaited.
Image: Supplied
A decision on a long-delayed appeal challenging the City of Cape Town’s ocean sewage discharge licences is expected once an advisory panel submits its recommendations to the Minister of Forestry, Fisheries and the Environment.
The appeal, lodged in February 2023, relates to permits allowing the City to discharge treated effluent through its marine outfalls at Green Point, Camps Bay and Hout Bay.
Responding to questions from the Cape Argus, Department of Forestry, Fisheries and the Environment (DFFE) spokesperson Zolile Nqayi said the Appeal Advisory Panel is currently finalising its recommendations.
“The Appeal Advisory Panel is in the process of finalising its recommendations on the appeals pending before the Minister,” Nqayi said.
He said the Minister would aim to finalise the appeal within 20 days of receiving the panel’s recommendations.
“The Minister will endeavour to finalise the appeal decision within 20 days from the date that the Appeal Panel submits its recommendations on the matter,” he said.
The timeline provides an indication of when a decision could be made on the contentious licences, which have been under appeal for more than three years.
The delay has drawn criticism from political party ActionSA, which has argued that the prolonged process has allowed continued sewage discharge into the ocean while the appeal remains unresolved.
On Monday, ActionSA national chairperson Michael Beaumont claimed that billions of litres of untreated sewage have entered Cape Town’s coastal waters during the delay.
The DFFE said the length of the process was due to additional information and procedural requirements aimed at ensuring fairness.
“The former Minister called for updated information and additional reports from the City of Cape Town, which the City has provided,” Nqayi said.
He added that an appeal advisory panel had been established and had also requested further information from the City and engaged with stakeholders.
“The panel is in the process of finalising their recommendations and will advise the Minister in due course,” Nqayi said.
Minister Willie Aucamp has been briefed on the matter and is receiving regular updates, according to the department.
“He is awaiting the recommendations of the appeals advisory panel,” Nqayi said.
The department also confirmed that the City continues to submit monthly discharge reports as part of compliance monitoring.
“The City continues to provide monthly reports on discharges to the Department,” Nqayi said.
On enforcement, the DFFE said a case docket relating to alleged exceedances of permitted discharge limits had been handed to the National Prosecuting Authority (NPA) in July 2024.
The NPA declined to prosecute.
The department added that the City has complied with all compliance notices issued over the past three years and continues to cooperate with authorities.
“The City has adhered to all compliance notices in the past three years and there is continued cooperation on all related matters by the City,” Nqayi said.
Asked whether current licensing conditions adequately protect the marine environment, the department declined to comment, saying the issue forms part of the pending appeal.
“It would be premature to respond to this issue, as the issue is central to the determination of the pending appeals,” Nqayi said.
Marine outfalls have been used in Cape Town for more than a century, with pipelines carrying wastewater far offshore before it is released into the ocean.
A final decision on the appeal is expected once the advisory panel concludes its work and submits its recommendations to the Minister.