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A Gauteng High Court judge has ordered an intergovernmental task team to address the pollution in Centurion Lake, which has become hazardous due to long-term and persistent pollution.

The ongoing saga over the smelly Centurion Lake once again came under the legal spotlight, with an intergovernmental task established to address the problem, while the court and the business owners of the Centurion Mall will be provided with quarterly progress reports.

Redefine Retail Ltd, owners of the mall, have turned to the Gauteng High Court, Pretoria, seeking supervisory orders compelling the metropolitan municipalities of Tshwane, Johannesburg and Ekurhuleni, and various state departments, to develop and implement an action plan to address the causes of pollution and rehabilitate impacted areas.

The Hennops River was diverted from its natural course to develop the lake in the 1980s. The lake has become hazardous due to long-term and persistent pollution, with a pungent smell emanating from it. With this extraordinary pollution, the lake is unusable and life-threatening, with soil erosion and excessive silting occurring upstream in the Hennops River to the lake.

Judge Sulet Potterill issued a judgment last month allowing the admission of Redefine’s expert report, although she did not instruct the task team to adopt or implement it. She noted that all three municipalities complained bitterly about funding to address the pollution and said if the report can be used as a starting point, it may curtail some expenses.

Tshwane argued in court that the source of the lake’s pollution is upstream and that it can only address the effects, which it has already done. Judge Potterill noted the Johannesburg municipality’s argument that it is only responsible for a small portion of the problem - part of Tembisa and Ivory Park - but she said this small portion contributes significantly to the pollution problem.

The impacted area is not only the lake but two tributaries, the Sesmylspruit and the Kaalspruit and Olifantspruit, that join to form the Hennops River. The Sesmylspruit is also impacted by discharges from the Hartbeesfontein Wastewater Treatment Works.

Judge Potterill described the river pollution observed during the court and parties’ inspection in loco as appalling and harrowing. “The institutional neglect was apparent,” she said.

Court-Ordered Task Team to Address Pollution

The court-ordered task team will consist of representatives from the three metropolitan municipalities, the Gauteng provincial government, and state departments. They will work together to develop and implement a comprehensive action plan to address the causes of pollution and rehabilitate impacted areas.

Key Facts

  • Centurion Lake has been plagued by long-term and persistent pollution since the 1980s.
  • The Hennops River was diverted to develop the lake, which has become hazardous.
  • The Gauteng High Court has ordered an intergovernmental task team to address the problem.
  • All three metropolitan municipalities complained bitterly about funding to address the pollution.
  • The court will be provided with quarterly progress reports.
  • Redefine Retail Ltd, the owner of the Centurion Mall, sought the court’s supervision to address the pollution.

Court Ruling Provides Hope for Pollution Cleanup

The court’s ruling provides hope for the cleanup of Centurion Lake and its adjacent waterways. The Gauteng High Court’s order will force the municipal leaders and state departments to come together and develop a comprehensive plan to address the pollution.

This ruling is a step in the right direction, as it ensures that those responsible for the environmental disaster take action to rectify the situation. The Gauteng High Court's decision is a clear indication that the judiciary is taking the environmental concerns seriously.

With this ruling, it is expected that the municipal leaders and state departments will work together to develop a comprehensive plan to address the pollution. This plan will involve addressing the causes of pollution, rehabilitating the impacted areas, and providing quarterly progress reports to the court.