Makana in hot water over dumpsite
Residents unite to take municipality to court
ACIVIL society organisation in Grahamstown is taking the beleaguered and broke Makana Municipality to court in an attempt to force it to clean up a dump site.
The group says this is because the facility is so poorly managed it has become hazardous to the health of residents.
Environmental management experts have found the municipality complies with only 2% of its auditable permit requirements and is in conflict with the constitution and other national legislation, according to papers before the Grahamstown High Court.
The Makana Unity League (MUL) – a grouping of individuals, organisations and institutions – resorted to court after concerned residents seemed unable to get the municipality to properly manage the unsightly dump.
The stench, litter, and fires on the dump that emit a thick cloud of black, toxic smoke over the small city, have long been a cause of concern.
The MUL’s attorney Brin Brody this week said the organisation sought only to ensure the reliable delivery of essential services, especially water, sanitation, power and clean air to Makana’s citizens.
An environmental audit report compiled by EOH Coastal & Environmental Services at the behest of MUL as well as affidavits before the court, paint a bleak picture of the management of the municipal dump.
The rubbish is seldom compacted or covered and much of the perimeter and rubbish containment fences have been stolen.
MUL chair, Professor Owen Skae, says in an affidavit that the municipality was in contravention of its own waste disposal site permit as well as national legislation.
“In terms of the Waste Act, [Makana municipality] is required to deliver waste management services, including waste removal, waste storage and waste disposal in a manner that does not conflict with the act.”
The department of environmental affairs and tourism (DEAT) has also twice issued the municipality with a non-compliance notice after it had done on-site evaluations.
In a letter to DEAT in March this year, acting municipal manager Mandisi Planga frankly admits that “things are not what they are supposed to be” at the municipal dump, but says this is because the municipality is cash-strapped.
“Over the past two years the municipality has had a major cash flow problem and has been unable to pay its creditors.”
MUL is asking the high court to order Makana municipality to comply with its landfill site permit conditions and other legislation.
The municipality had not commented at the time of writing.
The matter is set down to be argued next month.
Advocate Izak Smuts, SC, will argue the matter for MUL.