Shoprite vs Matjhabeng: Welkom Store Sparks Court Battle Over Sewage Crisis

Raw sewage flooding outside a Shoprite in Welkom has finally pushed the retailer to take bold legal steps. After tired promises and a court order, Shoprite has filed for contempt of court against Free State municipalities and municipal officials.

The Smell, The Mess, The Court Order

In April 2025, a High Court judgment handed down by Judge Boonzaaier ordered the Matjhabeng Local Municipality (MLM) and Lejweleputswa District Municipality to stop pollution coming from raw sewage in the vicinity of Service Road, St Helena, Welkom. The ruling demanded the municipalities:

• Stop or control any process causing pollution in that area

• Eliminate pollution sources immediately

• Fix the damage already done

• Produce regular plans and reports on what they’ll do.

Shoprite says it has heard little more than vague actions: a trench dug then immediately refilled in early May, but otherwise no meaningful intervention or reporting.

What’s At Stake for Shoprite, Residents & the Municipality

Shoprite has suffered direct effects to its store, staff, and customers. But worse, neighbouring residents are forced to live daily with the stench and health risks. Sewage floods roads, knocks potholes deeper, and flows past home visible and smelly even kilometers away. The infrastructure damage is also obvious.

The Legal Push: Personal Accountability

In September 2025, Shoprite asked to officially join acting municipal managers as personal respondents in the case. This means individuals can be held personally accountable fined or jailed if they fail to follow the court order.

Acting municipal manager Motlatsi Makhetha is named in both his official and personal capacities. A hearing on 9 October 2025 will decide if contempt will be confirmed and if sanctions will follow.

On top of that, Makhetha and the Lejweleputswa municipality must explain under oath why they didn’t comply and Makhetha has been ordered to pay some legal costs.

Bigger Picture: Sewage & Rights Crumbling in Free State

The South African Human Rights Commission (SAHRC) has previously flagged Matjhabeng for failing to deliver basic sanitation services. Cities across the Free State like Welkom, Virginia, Hennenman, Allanridge have experienced regular sewage spills; schools have been closed; spots are flooded; environmental and health rights violated.

Even though the municipality sits on thousands of kilometers of pipeline and dozens of wastewater treatment works, many are dysfunctional or in disrepair. Users are pointing to chronic maintenance lapses, neglect, and even alleged sabotage related to tender irregularities.

What Comes Next

The court is now weighing whether to impose serious consequences personal fines or jail time. The upcoming October hearing will also test whether MLM and Lejweleputswa will finally follow through or continue postponing.

Residents are watching closely, tired of living next to open sewage, hoping this legal pressure finally leads to clean water, clean roads, and respect for their health.

Commentary: What This Means

This case isn’t just about Shoprite it’s about governance, accountability, and the basic dignity of residents. When sewage flows freely in the street, it proves service delivery wasn’t just poor it was dereliction.

For businesses like Shoprite, legal threats work where political promises have failed. But the larger success will be when municipalities understand that court orders are not optional.

If municipal officials can be held personally responsible, maybe then the maintenance of schools, roads, pipes, and sanitation will become priorities, not afterthoughts.

{Source: NewsDay}

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