Local Government, Environmental Affairs and Development Planning
With reference to the contaminated air emitted from burning waste at the waste management depot at Swellendam:
Whether his Department has opened a criminal case against the Swellendam Municipality; if not, why not; if so, (a) what are the relevant details and (b) what progress has been made with the case?
Yes, my Department has opened a criminal case (CAS NO. 81/12/2019) against the Swellendam Municipality (“the Municipality”) for the non-compliance with the waste management permit at the Bontebok Waste Disposal Facility (“the Facility”) and the negative impacts of such non-compliance on the health and wellbeing of the people of Swellendam.
- The criminal case was opened due to non-compliance with the Department’s administrative enforcement notices (a Compliance Notice and a Directive) which instructed the Municipality to comply with the conditions of the Waste Management Permit and to curtail the fires emanating from the facility in terms of the potential health hazard implications for the Swellendam community.
- Since the Department’s criminal enforcement action and the intervention by myself as the Minister via a letter to the Executive Mayor, there has been significant improvements at the facility, particularly with regard to the Municipality’s actions in curtailing the fires and their efforts in addressing the illegal “waste pickers” on the facility.
The matter is currently before the National Prosecuting Authority (“NPA”) for a decision. Kindly note, the decision to prosecute resides within the jurisdiction of the NPA, and therefore, the Municipality’s continued efforts to improve the conditions at the facility and to ensure compliance with the WMP, should count in the Municipality’s favour.
