Local Government, Environmental Affairs and Development Planning

[a] The following illegal dumping cases have been reported to the Department:

2014/15   -         9

2015/16   -         2

2016/17   -         5

Only cases of illegal dumping where the quantity of dumping material exceeds the threshold determined by the National Environmental Management: Waste Act (“NEMWA”) are dealt with by the Department.  Instances where this quantity is below the threshold are dealt with by the relevant municipality.

[b] No “spot fines” were issued for illegal dumping by the Department; however, the City of Cape regularly issues spot fines for illegal dumping offences within their mandate.  Of 16 cases that were reported for the above periods, 8 cases were closed as the investigations were finalised and no further action was required; 1 case is currently before the Wynberg Magistrate’s Court; 1 case is in the process of being referred for criminal investigation by the Department’s Criminal Investigations Unit; and the balance of 6 cases are currently under investigation and administrative notices like directives and compliance notices have been issued in most of them.

[c] Details of the case before the Wynberg Magistrate’s Court are as follows:

• Illegal dumping of large quantities of pharmaceutical waste (expired medication) along Weltevreden Road, close to an informal settlement and a school;
• The driver of the vehicle responsible for the illegal dumping was apprehended at the site by Law Enforcement officials from the City who then alerted the Department’s EMIs;
• The City’s Waste Department removed the pharmaceutical waste from the site and disposed of it at a legal dumping facility;
• Three criminal charges in terms of the NEMWA (illegal dumping of hazardous waste) were laid against the company, a large and established pharmaceutical company and the driver of the said vehicle;
• The trial will commence on 20 October 2017 and if convicted the company could receive a fine of up to R10 million.