------ Forwarded Message
From: Morne Viljoen <mviljoen@bdz.co.za>
Date: Wed, 4 Oct 2006 19:23:31 +0200
To: 'Melissa  Fourie' <MFOURIE@deat.gov.za>, <bernard@bvz.co.za>
Cc: 'Ike Ndlovu' <Indlovu@deat.gov.za>, 'Joanne Yawitch' <JYawitch@deat.gov.za>, 'Sanjay Dubru' <SDubru@deat.gov.za>, <keetm@dwaf.gov.za>, BEN <benvandermerwe@telkomsa.net>, Bernard Venter <BVenter@justice.gov.za>, Bill <wrbainbr@iafrica.com>, razor-spike <razorspike@mweb.co.za>, Chris Williams <chris@penmarine.co.za>, <bayeteventures@yahoo.com>, Elise Tempelhoff <eliset@beeld.com>, Eugene Kruger <editor@sabass.com>, Francois van Wyk <fvwyk@randwater.co.za>, Garth Wellman <garth.wellman@liblink.co.za>, Johann Tempelhof <GSKJWNT@puknet.puk.ac.za>, Juanita Kruger <krugerj@sabc.co.za>, "Keith Wallington [ MTN - Morningside ]" <Wallin_K@mtn.co.za>, Pa Schalk <chiswv@puknet.puk.ac.za>, Pa <henkmari@icon.co.za>, Pierre de Villiers <estuaries@cncjnk.wcape.gov.za>, Stywe Lyne <stywelyn@iafrica.com>, "Trevor Babich (Fishingowl)" <4_babich@fishingowl.co.za>, <raucamp@deat.gov.za>, "'Lintnaar-Strauss Melissa (PTA)'" <Melissa@dwaf.gov.za>, <imolamu@deat.gov.za>, <ggcanga@deat.gov.za>, 'Peter Arderne' <mwardern@mweb.co.za>, OutdoorPAGES - South Africa's Nr1 Outdoor Resource <info@outdoorpages.co.za>
Subject: Barrage Fish Kills

Dear Melissa

I agree that that DWAF is the custodians of the National Water Act.  Unfortunately DEAT cannot wash its hands from this issue (you will any way not be able to “come clean” if you use water from the Vaal river) because of the following:-

Water Pollution (NWA Sections 151 (i) n& (j)) is listed as an offence in Schedule 3 of NEMA.  It is also referred to in S34 of NEMA. Is it not DEAT that must apply NEMA?

“Environment’ means the surroundings within which humans exist and that

        are made up of—

(i)  the land. water and atmosphere of the earth:
(ii) micro-organisms, plant and animal life:
(iii) any part or combination of
(i) and
(ii) and the interrelationships among and between them: and
(iv) the physical. chemical, aesthetic and cultural properties and conditions of the foregoing that influence human health and well-being.
As far as I can see the Vaal River, forms part of the environment
“pollution’. means any change in the environment caused by—

(i) substances;

 (ii) radioactive or other waves; or

(iii) noise, odours, dust or heat.

emitted from any activity, including the storage or treatment of waste or

substances, construction and the provision of services, whether engaged in by

any person or an organ of state, where that change has an adverse effect on

human health or well-being or on the composition, resilience and productivity

of natural or managed ecosystems, or on materials useful to people, or will

have such an effect in the future.

As you can see, water pollution falls within the ambit of the abovementioned definitions as well.  Therefore, Chapter 7 of NEMA is applicable.

Does DEAT and DWAF practice co-operative governance?  Or is this just the politically correct word for passing the buck?  Should anybody die of a waterborne disease, are you going to – and it’s to ghastly to contemplate - then say it’s the responsibility of the Department of Health?

You must remember that the Constitution states that we’ve got a right to an environment that is not harmful to our health and well-being.  Both you and DWAF directly infringing upon that right.

You (DEAT) are ultimately responsible for the biodiversity in the water.  If you do not take action (have you ever even spoken to DWAF about this ongoing crisis?), you are not fulfilling your legal duties and obligations.  

The lack of decisive action by both DEAT and DWAF makes for a case for holding the employees and officials (right up to ministerial level) of both departments criminally personally liable in terms of Section 49 of NEMA and Sections 151(i) & (j) and 157 of the NWA

In addition, DEAT is responsible for promoting tourism in this country.  The Vaal River is a national asset and a tourism attraction.  It can become the centre of tourism attraction in Gauteng, North-West and the Northern Cape – a great source of foreign currency.  It was rated “up there” with the best and most spectacular rivers in the world and it can be so again.  Do you know that the Vaal is home to the largemouth yellowfish – an endangered species?  Do you know how many of them have been killed as a result of water pollution, just in this year?  Do you know how many other indigenous fish species, including the smallmouth yellowfish, moggel and mudfish have been killed?  And what about other animals, including otters, reptiles, crustaceans, invertebrates, birds etc?  Have you done anything about that?  Have you ever issued a directive to the polluters, ordering them to rehabilitate the river?  Or have you conveniently assumed that the river will flush itself clean and the fish will naturally migrate back to those areas where they were the fish kills took place?  

And it is not only the Vaal river that is in dire straits at the moment.  Reports are flooding in daily of fish kills all over the country.  What is DEAT, for example, doing about the fish kills, as well as the rapid dying off of crocodiles in Loskop Dam?  Again our precious biodiversity is being decimated at an alarming rate.

The National Spatial Biodiversity Assessment” states that 82% of our rivers are endangered of which 42% critically.  Pollution is one of the contributing factors.  Do you say that DEAT is not in any way responsible to take care of our rivers?

Please be assured that all the pollution incidents and fish kills during the past year, as well as all future reports of water pollution and government’s lack of action and condonation of the pollution of our water resources, and the accompanying destruction of our country’s biodiversity as well as water borne diseases being spread at an alarming rate will be broadcast to a wide a audience as possible, including both the local and international media, FIFA and its member nations, as well as international tourism operators.  Never, ever, again tell us “this is not your baby”.

You stated that “…the Department of Environmental Affairs and Tourism will continue to provide support to DWAF wherever necessary…”  Well, now is your chance.  But do not wait for them to ask you for help – because they most probably won’t – you have to take the initiative.  You are responsible, if not directly for water pollution, then at least for our water resource’s biodiversity.

Kind Regards

Morné Viljoen