High Court, KwaZulu-Natal Division, Pietermaritzburg
South African Human Rights Commission
Msunduzi Local Municipality Head of the Department of Economic Development, Tourism and Environmental Affairs (1st respondent); Kwazulu-Natal Provincial Government Member of the Executive Council for Economic Development, Tourism and Environmental Affairs (2nd respondent); Kwazulu-Natal Provincial Government (3rd respondent)
In Pietermaritzburg, the New England Road Landfill became synonymous with environmental pollution and regulatory infringements due to municipal mismanagement. Despite extensive engagement by the National Department of Environmental Affairs to enhance compliance with crucial environmental laws such as NEMA, the municipality persistently failed to adhere to regulations. Audits revealed concerning findings: individuals residing within the hazardous site, unchecked entry of vehicles and pedestrians, absence of waste tracking, oil-contaminated soil, runoff polluting the Msunduzi River and leachate seeping into the ground.
Despite a compliance notice issued in 2019, the situation worsened. Uncontrolled fires in the landfill resulted in hazardous air pollution that closed local schools and highways. Consequently, the Department brought criminal charges against the municipality for its environmental negligence. Despite subsequent compliance notices, the municipality’s inadequate response prompted an urgent application to the High Court by the South African Human Rights Commission (SAHRC) following a thorough investigation into the violations.
The Court found the municipality guilty of breaking both the constitutional right to a healthy environment (R2HE) and various national environmental laws. These laws included those regarding waste management, environmental management and water resources (Section 20(b) of the National Environmental Management; Waste Act 59 of 2008; Section 31L(4) of the National Environmental Management Act 107 of 1998; Section 28(1) and (3) of the National Environmental Management Act 107 of 1998 and Section 19(1) of the National Water Act 36 of 1998). Additionally, the municipality was found to have violated international legal obligations.
To address these violations, the Court issued specific remedies. It declared that the municipality must take action to comply with environmental regulations and protect the New England Road Landfill site in Pietermaritzburg. As part of this, the Court ordered the municipality to submit an Action Plan within a month outlining steps to rectify the situation.