Land Reform and Rural Development to pay for damage from burst Western Cape dams | News24


Residents and police officers walk through flooded and damaged roads in Riverlands, in the Swartland district, on 8 August 2024. (Gianluigi Guercia/AFP)

  • The Department of Land Restitution, and Rural Development will be made to pay for dam failures in the Western Cape.
  • Four dams failed, resulting in severe damage to property and infrastructure.
  • An investigation by the Department of Water and Sanitation found that the dams had been constructed without a licence.

The Department of Water and Sanitation (DWS) will take action against the Department of Land Reform and Rural Development (DLRRD) for the failure of multiple dams in the Western Cape. 

The dams failed during severe weather in the Swartland town of Riverlands on 8 August, causing significant damage to property and infrastructure.

Residents remain without tap water following the flood, due to damage to the area’s water pipe network.

During a media briefing on Thursday, Water and Sanitation Minister Pemmy Mojodina said the action taken against the DLRRD would include financial compensation for damage to infrastructure.

Mojodina said the DWS was not mandated to compensate individuals, but a report would be shared with all relevant departments, including human settlements, to allow them to access services.

She said the report would be furnished to these departments on Thursday afternoon and the DWS would request a written response within 14 days.

READ | Swartland dam failures: Investigation complete, but results yet to be made public

Swartland Local Municipality Mayor Harold Cleophas said the preliminary cost of infrastructure was in the region of R50 million, but may increase.

Dassenberg Farm, the property where the dams were located, had five dams built along the Swart River, upstream of Riverlands. Mojodina said the dams were originally constructed without a licence.

The oldest dam on the property was constructed between 1960 and 1966.

The largest dam was constructed in 2005, according to Mojodina.

In 2019, the property was bought by the DLRRD, and it “allegedly failed to conduct due diligence to ascertain whether the five dams on the property are compliant with the National Water Act”.

None of the dams had a valid licence issued despite the owner of the dams having a legal obligation to register the dams.

The DLRRD must present a rehabilitation plan for the areas affected by the dams’ failure and implement the applicable legislation. 

It will also be required to engage the Swartland Local Municipality to determine the extent of the damage.

Mojodina said if the DLRRD decides to rebuild the dams, it will be required to apply to the DWS for a water use licence and dam safety licence.

The investigation also recommended that the municipality conduct a stormwater management assessment to establish the current and future impact that the Swart River will have on residents in the absence of the dams.

News24 had not received a response from the department of Land Reform and Rural Development at the time of publication. The department’s response will be added when received.

Western Cape Local Government MEC Anton Bredell thanked the DWS for an “honest report”.

He said: “This report is important to communicate to the community. It shows them we are not going to hide.”

Bredell encouraged the community and municipality to pursue a class action lawsuit to recover their losses.

Nicole McCain
www.news24.com

Nicole McCain
Author: Nicole McCain

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