Extension granted to fix 'stinky' Milnerton Lagoon

In a move that has raised eyebrows among environmental advocates, Western Cape MEC for Local Government, Environmental Affairs, Anton Bredell, has reportedly granted the City of Cape Town an additional three years to complete overdue upgrades aimed at combatting sewage pollution in the Milnerton Lagoon.

This decision has sparked criticism from watchdog groups, notably RethinkTheStink, which assert that the directive is in defiance of a 2021 commitment that prohibited further extensions.

RethinkTheStink said E. coli levels at Milnerton’s Wooden Bridge were critical.

They said the E. coli levels were recently recorded at 1.3 million cfu/100ml(safe limits: <1000), five years after the original 2020 directive to clean it up.

They further called on Bredell to provide legal justification for his authority to override the 2021 amended directive.

“Should a minister (MEC) not be compelled to disclose the legal grounds and advice that shaped this decision?

“Is this evidence of regulatory capture or partisan protectionism at the expense of communities and nature?

“Our waters remain toxic. Our wetlands are dying. Our communities are being failed.

"We believe the Western Cape Government must account for this decision — and we will not stop until they do," said RethinkTheStink.

“Is this evidence of regulatory capture or partisan protectionism at the expense of communities and nature?

“Our waters remain toxic. Our wetlands are dying. Our communities are being failed.

"We believe the Western Cape Government must account for this decision — and we will not stop until they do," said RethinkTheStink.

In response to the claims, Bredell’s office said they sought legal advice, which determined that he had capacity to do so.

“Following a legal opinion received from senior counsel on the doctrine of 'functus officio' and whether MEC Bredell does have the power to grant an extension in terms of section 47C of the NEMA, it was determined that the MEC may allow such an extension based on the motivation provided by the City of Cape Town Municipality, and the City’s right to apply for an extension of the timeframe in terms of the appeal decision, as well as the practicality of the construction upgrades for the various sewerage infrastructure, and the unforeseen delays experienced during the various phases of the projects,” his office told Cape Argus.

“The City’s rationale behind requesting an extension to the said timeframes includes practical construction timelines and contractual programs for the Potsdam Wastewater Treatment Works and Koeberg Pump Station upgrade, significant unforeseen delays in the Montague Gardens bulk sewer line upgrade, and delays in appointing an aquatic specialist and the uncertainties regarding the terms of reference for the rehabilitation of the lower Diep River and Milnerton Lagoon which will aid in guiding the process and addressing the pollution issues, whilst the major infrastructure upgrades are underway,” they added.

“Furthermore, the City has ensured the Department that they are acting prudently and urgently, and doing all that they can to comply with the suite of laws of application to these large infrastructure upgrades, and at the same time expedite the completion of these bulk sewerage infrastructure upgrades.”

The City's Water and sanitation mayco member, Zahid Badroodien, on the other hand, said they had no delays in the process of upgrades and that they aimed at improving the environmental aspect of the lagoon.

“The City notes the amended directive. It must be emphasised that there are no delays to the infrastructure upgrades aimed at improving the environmental health of the lagoon,” he said. 

“These upgrades continue to proceed along planned timelines for completion as soon as practically possible, noting also that the City is dependent on authorisations and processes outside of its control in certain respects.

“The City is committed to delivering these projects within established timelines and restoring the health of the Milnerton Lagoon. Monthly progress reports are provided to DEADP, detailing implementation measures and any pollution incidents.”

Cape Argus