Mafube Municipality
By Karabo Marifi
Frankfort, Free State – Mafube Local Municipality is under fire as criminal charges have been filed due to persistent sewage spills contaminating the Wilge River, a critical water source for the Free State and Gauteng. The Democratic Alliance (DA) in Mafube, backed by the Department of Water and Sanitation (DWS) and a South African Human Rights Commission (SAHRC) report, has highlighted the municipality’s failure to address these environmental violations, despite a 2022 High Court ruling mandating corrective action.
With investigations ongoing and residents demanding clean water, the crisis underscores the urgent need for accountability and infrastructure reform.
Background of the Crisis
Mafube Local Municipality, encompassing the towns of Frankfort, Villiers, Tweeling, and Cornelia, has been grappling with severe water supply and wastewater management issues for years. The Namahadi wastewater treatment works (WWTW) and Villiers WWTW have been identified as primary sources of untreated sewage spilling into the Wilge River, which feeds into the Vaal River system—a lifeline for millions in the Free State, Gauteng, North West, and Northern Cape.
These spills violate the National Water Act of 1998 and the National Environmental Management Act (NEMA), posing significant risks to public health and the environment.
On 19 May 2025, Suzette Steyn, DA Councillor for Mafube Local Municipality, issued a statement outlining the ongoing efforts to address the crisis:
“The Democratic Alliance (DA) in Mafube will escalate the ongoing water supply and wastewater issues with our provincial leadership at CoGTA and the NCOP while we continue our oversight role. Since November 2024, the Democratic Alliance (DA) in Mafube has worked with the Department of Water and Sanitation (DWS) in Free State and Gauteng to address Mafube’s water supply and wastewater issues.”
SAHRC Findings and Legal Violations
A comprehensive SAHRC report confirmed multiple human rights and environmental violations stemming from Mafube’s mismanagement. The report highlighted “ongoing sewage spills from the Namahadi station into the Wilge River, a vital water source for Mafube and greater Gauteng, due to poor municipal management, breaching the National Water Act and National Environmental Management Act (NEMA).”
These spills have contaminated water sources, endangering communities and ecosystems. The SAHRC findings echo broader concerns about municipal dysfunction, with 50.61% of South African municipalities facing criminal charges for similar sewage-related non-compliance as of September 2024.
Steyn emphasized the legal ramifications:
“A South African Human Rights Commission (SAHRC) report confirmed multiple violations, including ongoing sewage spills from the Namahadi station into the Wilge River, a vital water source for Mafube and greater Gauteng, due to poor municipal management, breaching the National Water Act and National Environmental Management Act (NEMA).”
High Court Ruling and Lack of Progress
In 2022, the High Court in Bloemfontein issued a ruling ordering Mafube Municipality to take immediate action to halt sewage pollution in the Wilge and Vaal Rivers. The court described Mafube as a “perpetual perpetrator” of environmental violations, noting its failure to comply with prior orders dating back to 2004. Despite this, Steyn noted: “Despite a 2022 High Court ruling ordering corrective action, no improvements have been made.”
The lack of progress has frustrated residents and environmental groups, with the court criticizing the municipality’s “snail’s pace” response and failure to uphold constitutional obligations to provide a safe environment. In March 2025, the court gave Mafube 60 days to submit a detailed plan to address the pollution, but compliance remains elusive.
Recent Investigations and Criminal Charges
The DWS has intensified its oversight of Mafube’s operations. On 16 April 2024, DWS Gauteng inspected a leaking manhole in Frankfort, but flooding hindered a full assessment. A follow-up investigation occurred on 16 May 2025, with Steyn stating:
“A follow-up investigation took place on 16 May 2025, and we are expecting the full report this week.”
The DWS confirmed Mafube’s failure to prevent pollution, leading to criminal cases being opened for the Namahadi WWTW (CAS 127/01/2024) and Villiers WWTW (CAS 93/01/2024). Steyn added:
“DWS confirmed that Mafube Municipality failed to prevent pollution. Criminal cases have been opened for Namahadi (CAS 127/01/2024) and Villiers (CAS 93/01/2024), and further evidence is being gathered.”
These cases are part of a broader crackdown, with the DWS having opened 36 criminal cases against 26 municipalities nationwide for sewage-related violations as of May 2024. The Vaal River Anti-Pollution Task Team, established to address systemic pollution in the Vaal River catchment, is also involved in tackling Mafube’s issues.
Funding and Infrastructure Challenges
The DWS has provided funding for upgrades to the Namahadi WWTW and pump station, but these efforts have yet to yield significant results. Steyn acknowledged:
“DWS has already funded upgrades to the Namahadi WWTW and pump station, with broader pollution addressed by the Vaal River Anti-Pollution Task Team.”
Despite this, the municipality’s infrastructure remains in disrepair. A 2023 report commissioned by the DWS revealed dysfunctional pump stations and raw sewage being channelled directly into the Ascotville, indicating severe operational failures.
The Department of Cooperative Governance and Traditional Affairs (CoGTA) allocated R5 million in 2022 for emergency overflow ponds in Namahadi, but stakeholders, including the Mafube Business Forum, argued that these measures were inadequate to address the root causes of the spills.
Community Impact and Public Outcry
The ongoing sewage spills have had devastating effects on Mafube’s residents. In Villiers, untreated sewage has overflowed into residential yards, particularly along the Wilge River, creating health hazards and disrupting daily life. The contamination of the Wilge and Vaal Rivers threatens the water supply for millions, including Johannesburg, which relies on the Vaal Dam.
Residents have reported health issues such as skin rashes and waterborne diseases, mirroring crises in other municipalities like Emfuleni, where sewage pollution has violated constitutional rights to dignity, health, and a safe environment.
Steyn underscored the community’s frustration:
“Our residents deserve clean water and sanitation services, which they have the right to.”
The Mafube Business Forum, a key advocate for reform, has pursued legal action to enforce compliance with court orders, even threatening contempt charges against municipal officials for inaction.
Community protests and social media campaigns have amplified calls for accountability, with posts on X highlighting the municipality’s negligence and its impact on local livelihoods, such as the Vaal River Resort’s operations.
Broader Context: South Africa’s Water Crisis
Mafube’s challenges reflect a nationwide water and sanitation crisis. As of October 2022, 77% of South Africa’s municipalities responsible for water supply were polluting rivers and streams with untreated sewage, with 81 municipalities failing both water quality and sewage treatment standards. High-profile cases, such as Emfuleni’s pollution of the Vaal River, have led to court orders and interventions under Section 63 of the Water Services Act, yet progress remains slow.
Deputy Minister of Water and Sanitation Sello Seitlholo has advocated for stricter penalties, including jail time for municipal officials, arguing that fines—often paid with taxpayer money—are ineffective. The Vaal River Anti-Pollution Forum, led by Seitlholo, is pushing for private-sector involvement to address infrastructure deficits, as municipalities like Mafube lack the resources and expertise to act swiftly.
Legal and Policy Framework
The National Water Act (Section 19) mandates municipalities to prevent water pollution, while NEMA (Section 28) requires proactive measures to protect the environment.
Mafube’s violations of these laws have drawn scrutiny from the Green Scorpions and the Minister of Environmental Affairs, with the DA calling for urgent intervention. The 2022 High Court ruling and subsequent orders underscore the judiciary’s role in upholding environmental justice, as seen in similar cases against Msukaligwa and Govan Mbeki municipalities.
The National Water Amendment Bill, under review as of March 2024, aims to strengthen enforcement, but its implementation timeline remains uncertain. Meanwhile, the SAHRC continues to monitor violations, emphasizing the constitutional right to a healthy environment.
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