Civil society has fired a shot across the bow of Makana Municipal mayor Nomhle Gaga and municipal manager Moppo Mene, warning that they either comply with a 11-month-old court order on managing the noxious local municipal dump or face contempt proceedings.
The official Makana Municipal dump has been burning for some weeks, spewing toxic black smoke which has repeatedly settled into the nearby Makhanda city bowl for days at a time.
Attorney for the civil society organisation Makana Unity League (MUL), Brin Brody this week wrote a harsh letter to Gaga, warning her to get the rubbish dump in order or face contempt proceedings.
“The health risks of a burning dump are extremely serious and can cause irreparable harm to the health of any person, especially the young and the frail,” said Brody.
There is a wide-ranging court order against the municipality from some years back in terms of which it was told to adhere to its permit conditions for operating the rubbish dump some 5km outside the city. At the time the municipality complied with less than 2% of it permit conditions and its mismanagement of the dump was found to be in conflict with the constitution, national environmental and other legislation
In December last year, the municipality – in the face of contempt proceedings against Gaga – agreed to another court order in terms of which it would, within two months: Adhere to its permit conditions and a 2015 compliance notice from environmental affairs;
Refurbish the perimeter fence around the dump, which at the time was almost non-existent;
Develop a waste-screening mechanism to screen permissible waste from illegal medical and other waste;
Develop and implement a storm water management plan;
Appoint independent specialists to assess any threat to human safety, assess air quality, sample and analyse surface and ground water around the dump, and take measures if these were found to be compromised’
Develop a proper management plan for the site; and
Make monthly reports to the court on progress made. But, an inspection of the smouldering and smelly dump shows plastic and other filth strewn for kilometres around the dump. Much of the perimeter fence has been cut or stolen and there is no access control whatsoever.
Brody says in his letter to Gaga that the entrance gate is damaged.
“The conditions of the dump are a complete disgrace and in complete violation of the many conditions in the court order,” said Brody in the letter.
He said the MUL would give Gaga and Mene until November 21 to inspect and take urgent steps to comply with the order. If they failed to do so, MUL would proceed with contempt proceedings and would seek a cost order against Gaga personally as well as against the municipality.
Despite being given over 24 hours to respond to questions, neither Mene nor Makana spokesperson Yoliswa Ramokolo replied to e-mailed questions...