South Africa: Raw Sewage Flows in Metros Amid Deteriorating Wastewater Treatment

Wastewater treatment scores have significantly deteriorated in seven out of eight South African metro municipalities between 2021 and 2024, according to the 2025 Green Drop report, indicating a widespread failure in managing raw sewage. The report, compiled by the Department of Water and Sanitation, highlights a severe decline in the performance of wastewater treatment works across most major urban centres. Johannesburg's score plummeted to a "very poor" 49% in 2024 from an "excellent" 91% in 2011, while Cape Town dropped from a "good" to "average" rating at 75%. Even Ekurhuleni, despite being the highest-scoring metro at 82%, experienced a decline from its 2021 score of 86%. This widespread failure means that untreated or inadequately treated sewage is increasingly being discharged into waterways, posing severe environmental and public health risks, including the potential spread of diseases like cholera and significant damage to aquatic ecosystems.

This systemic failure in wastewater management carries profound legal significance for municipalities, businesses, and the general public. Municipalities face substantial legal exposure for non-compliance with environmental legislation, potential breaches of constitutional rights (such as the right to a healthy environment and access to clean water), and claims of negligence. Businesses, particularly those operating in sectors reliant on clean water or located near affected waterways, could experience operational disruptions, increased compliance costs, and severe reputational damage. The public is directly impacted by health hazards and environmental degradation, which could lead to an increase in class action lawsuits or heightened pressure on regulatory bodies and government for intervention. The report underscores a critical governance and infrastructure maintenance crisis that may necessitate national government intervention or robust civil society action.

The legal context for wastewater treatment in South Africa is robust, though its enforcement appears to be severely challenged. Key legislation includes the National Water Act 36 of 1998, which mandates the protection of water resources and regulates water use, including the discharge of effluent. The Water Services Act 108 of 1997 places explicit duties on water services authorities (municipalities) to ensure access to water services, including sanitation. The National Environmental Management Act 107 of 1998 (NEMA) provides overarching environmental principles and enforcement mechanisms, including potential criminal sanctions for pollution. The Department of Water and Sanitation (DWS) is the primary regulatory body, responsible for setting standards (such as the Green Drop criteria) and enforcing compliance. The Constitution of the Republic of South Africa, 1996, particularly Section 24 (environmental rights) and Section 27 (right to water), provides the fundamental legal basis for these obligations, making failures potentially actionable in the High Courts and even the Constitutional Court.

The key parties involved in this crisis are primarily the metro municipalities (e.g., Johannesburg, Cape Town, Ekurhuleni, Mangaung) as the designated water services authorities responsible for wastewater treatment. The Department of Water and Sanitation (DWS) is the central regulator and the author of the critical Green Drop report. Affected communities, environmental organisations, and businesses are also crucial stakeholders who may initiate legal action or advocacy efforts. Legal practitioners, including environmental lawyers, administrative lawyers, and litigators, will be instrumental in navigating the complex legal implications for all parties involved.

Attorneys should urgently advise municipal clients on comprehensive compliance strategies, risk mitigation measures, and potential legal liabilities stemming from environmental pollution and public health crises. For corporate clients, it is imperative to conduct thorough assessments of supply chain risks, water usage, and potential exposure to contaminated water sources, alongside reviewing their internal environmental compliance frameworks. Environmental law practitioners should anticipate a significant increase in litigation, including interdicts, damages claims, and potentially class actions, against municipalities and other responsible entities. Monitoring the DWS's enforcement actions and any legislative or policy responses to the alarming findings of the Green Drop report will be essential for all legal professionals operating in this critical area.