Water Corruption: Hundreds of Prosecutable Cases Filed, but No Arrests Made

Members of Parliament have raised concerns regarding the insufficient repercussions faced by those engaged in fraud and corruption within the water and sanitation sector, where contracts and procurements worth R1.1 billion have been invalidated since 2008.

This follows a presentation made to the Portfolio Committee for Water and Sanitation by the Special Investigating Unit (SIU) about the status of 16 ongoing investigations in the sector.

Read: Half of South Africa’s wastewater plants classified as critical

According to Zodwa Xesibe, the SIU’s acting chief operations officer, seven out of the 16 presidential proclamations obtained for investigating fraud and corruption remain active.

The investigations focus on various entities, including the Department of Water and Sanitation (DWS), several water boards, municipalities, and private firms.

Xesibe mentioned that 350 cases have been forwarded to the National Prosecuting Authority for prosecution, in addition to 130 referrals for disciplinary actions against government officials.

Although the SIU does not have prosecutorial powers, it is able to initiate civil litigation to annul contracts and freeze assets.

The total value of civil proceedings since 2012 exceeds R6.2 billion, with R593 million in cash or assets recovered to date, and an additional R264 million anticipated to be reclaimed.

The tragic Rooiwal incident

One ongoing investigation is focused on the refurbishment of the City of Tshwane’s Rooiwal sewage treatment works. Failures by the contractor, the city, the consulting engineer, and the implementing agent are believed to have contributed to the 29 deaths from the cholera outbreak in Hammanskraal in 2023.

Investigations into procurement activities related to LTE Consulting and Blackhead Consulting have led to 31 criminal matters being submitted to the NPA, along with 13 referrals for disciplinary actions and 39 administrative referrals to the South African Revenue Service, the Construction Industry Development Board, and the Companies and Intellectual Property Commission.

Additionally, Blackhead Consulting, owned by Edwin Sodi—one of the accused in the R255 million Free State asbestos case—has been referred to the National Treasury for potential blacklisting.

When ActionSA MP Malebo Kobe inquired about the blacklisting status of Blackhead, Xesibe indicated she would provide further details to the committee.

The inquiry into corruption in the Rooiwal case has also revealed eight officials with unexplained wealth and two private individuals who may have accepted bribes from the contractor, stated Xesibe.

Other ongoing investigations include: the Lepelle Northern Water Board in Limpopo; DWS Grootfontein and Grootdraai pump station contracts in Mpumalanga; DWS initiatives for water conservation exceeding R2.7 billion; water and sanitation services in eThekwini; procurement in Masilonyane Local Municipality; and the selection of service providers in the Dihlabeng Local Municipality.

One dismissal from the department

DWS deputy director-general Nthabiseng Fundakubi provided an overview of disciplinary actions against officials. Fundakubi reported 22 disciplinary cases carried over from the 2023/24 financial year, with 27 new cases projected for 2024/25 and an additional 21 anticipated for 2025/26. To date, 46 of these cases have been resolved, while 24 remain pending.

The cases encompass non-financial issues such as insubordination, assault, and undermining authority, in addition to financial misconduct that includes irregular expenditures, wasteful spending, fraudulent claims, awarding contracts to less-qualified suppliers, and undertaking remunerative work outside public service.

Of the 32 finalized financial misconduct cases over the past two years, only one resulted in dismissal, while two led to suspensions without pay and a final warning.

Fundakubi stressed that the number of cases does not directly correlate with the number of individuals involved; for example, one director faces eight disciplinary cases, including one related to emergency procurement for Vaal River East pump stations. Depending on the hearing’s outcome, additional charges might be brought against the director, according to Fundakubi.

It seems from the DWS presentation that the only dismissal in the past two years involved a manager associated with the Vaal River East emergency procurement.

MPs express frustration over inaction

After the presentations, DA MP Stephen Moore commented on the “recurrent patterns in the water sector,” noting that “far too often, individuals evade consequences.” Moore remarked that while some may lose their jobs, they do not face criminal charges in cases involving “hundreds of millions in misappropriated funds.”

“Each time we discuss these issues, we highlight the ongoing challenges related to actual consequence management.”

He proposed that the committee organize “a workshop or similar initiative” to explore potential actions, asserting that “currently, individuals are dodging accountability.”

Moore’s suggestion received backing from MPs across ActionSA and the ANC.

ANC MP Sello Dithebe suggested consulting the Department of Planning, Monitoring, and Evaluation, as they possess “the necessary tools” to assess the effectiveness of monitoring and evaluation practices.

Malebo Kobe (ActionSA) pointed out the SIU’s referral of 350 cases to the NPA, suggesting that “somewhere along the line, justice is being compromised at the NPA.”

Kobe called for either the Department of Justice or the Portfolio Committee on Justice and Constitutional Development to be “invited” to clarify the NPA’s actions.

“It’s vital that individuals face real and tangible accountability—such as being taken into custody—to deter further corruption in this sector.”

© 2026 GroundUp. This article was first published here.