African Wildlife & Environment Issue 81

CONSERVATION

Conclusion The presence of one river that still has a functional flood pulse, is a national heritage. The uMzimkhulu River is as significant as the Okavango and needs to be treated as such. Conservationists need to make their voice heard in the decision-making around the construction of a permanent weir at St Helens Rock. At best, this is a permanent solution to a

Forensic evidence that the berm, allegedly authorized to prevent saline intrusion, enables the mining that ultimately places the Ugu Municipality water supply at risk. This ought to be investigated by the Public Protector to determine what unlawful payments might have been made.

misdiagnosed temporary problem, easily remedied by the application of the world class legislation that South Africa has become famous for. We need to insist that Section 21 (c) and (i) of the National Water Act is applied to the eight berms that have already been constructed, all of which have failed, as well as the ongoing industrial scale sand mining that is altering the channel of the river. It is this altered river profile that is causing saline intrusion at St Helens Rock, so we can only remedy the problem by dealing with the driver. In short, we need the rule of law, not concrete, to solve this problem. Section 21 (c) and (i) of the National Water Act. All expenditure related to these eight structures is potentially unlawful, and deserves to be forensically investigated, to determine whether the money can be clawed back. Eight berms have been built, at two sites. All have failed, and none have ever prevented the movement of the saline wedge. All have visibly enabled the sand mining activity that has eventually placed the pump station at risk. All berms have fundamentally altered the bed, bank and flow of the river, so they are subject to

We need the rule of law, not concrete, to solve this problem. We also need to insist that the Minerals and Petroleum Development Act (MPRDA) be applied to sand mining operations, most specifically in the quantum of cash needed to be set aside in the environmental rehabilitation fund that accompanies each mining right.We need to insist that both DWS and DME intervene in this matter, if we are to protect the last free-flowing river in South Africa. If these two regulatory authorities fail to intervene, then we need to consider a formal complaint to the Public Protector, where we will call for a forensic investigation of all municipal decisions that have enabled public money to be used for eight berms, all of which have failed, but each of which seems to have enabled the same sand mining that has ultimately caused saline intrusion at the St Helens Rock Pump Station. In this we need to ask the core question raised by theWCD – who benefits and who pays?

Prof Anthony Turton Centre for Environmental Management University of the Free State tony@anthonyturton.com

14 | African Wildlife & Environment | Issue 81 (2022)

Made with FlippingBook Ebook Creator