Summer is here!

Kenton on Sea Ratepayers Association, Bushman’s Kariega Estuary Care Management Forum and Nature’s Landing Homeowners Association v Ndlambe Local Municipality and Others

On 30 October 2014, KOSRA, Estuary Care and Nature’s Landing (‘the applicants’) applied to the High Court in Grahamstown for orders against Ndlambe municipality, the DEAET, the Department of Water Affairs, three municipal officials andthree others (‘the respondents’) regarding two main issues and three related issues:

  1. Ndlambe’s neglect of its sewerage reticulation, the condition of the Marselle sewerage works, and the impact this had on the Bushman’s River Estuary
  2. The unsatisfactory condition of the municipal dumpsite in Marselle: amongst others, it had been illegally established, it was overfull and the burning of rubbish polluted the air causing a hazardto the communities living around the dump
  3. An order declaring Ndlambe, its Mayor, its Municipal Manager and its Director of Community/Protection Services in contempt of court. The contempt of court arose from a court application launched by the Bushman’s River Residents Association in January 2009 regarding the flow of sewerage into the Bushman’s River from the pump station at Rivers Bend.At the end of January 2009Judge Froneman issueda detailedset of instructions about, amongst others, the construction of a permanent pump house. By the time this (October 2014) application was launched,Ndlambe had built the pump house and had installed a pump but the pump had not been supplied with electricity. As a result sewerage was still flowing into the Bushman’s River. Hence, the applicants sought an order declaring Ndlambe to be in contempt of court order and compelling Ndlambe to render ‘the pump station operational’ and to keep it ‘maintained’. Whenthis application was eventually heard, from 5thto 7thMay this year, the pump station had been upgraded and was operational.However, the applicants persisted with their relief based on contempt of court.
  4. The fourth issue related to Ndlambe’s failure to answer correspondence in compliance with its statutory duty under section 5(1)(b) of the Local Government: Municipal Systems Act 32 of 2000. Papers presented to the court showed that Ndlambe had failed to reply to correspondence from the applicantsduring the periodNovember 2011 to September 2014.
  5. Finally, the applicants sought an order for costs, either from the then Mayor, Sipho Tendani, the then Municipal Manager, Rolly Dumezweni and the present Director of Community/Protection Services, Nombulelo Booysen-Willy, jointly and severallyde propris bonis (ie of their own goods), or from Ndlambe municipality.

With regard to Ndlambe’s responsibilities, the applicants sought a ‘structural/supervisory interdict’ based on the breach of a constitutional right, in this case, section 24 of the Constitution which states that ‘Everyone has the right to an environment that is not harmful to their health or wellbeing and to have the environment protected, for the benefit of present and future generations’ through legislative and other measures that, amongst others, prevent pollution.

There were various postponements, and before the matter was heard, the applicants filed a further affidavit late in January 2016.The affidavit stated that Ndlambe had closed the dump on 23 November 2015. On 1 December the dumpsite was on fire and continued to burn on a daily basis through the Christmas holiday. It was finally extinguished on 7 January 2016. In addition, on 30 December 2015 and on other occasions Ndlambe’s sewage vacuum extraction truck 505 had been seen dumping sewage into an open water course near the waste water treatment works.

The High Court’s decision was handed down by Justice Lowe on 15 June 2016.

Having regard to all the relevant legislation governing municipalities and their duties, and the Constitutional rights of citizens regarding their environment, Judge Lowe concluded that it seemed clear to him that ‘the issues raised in this matter fall within the First Respondent’s discrete municipal powers and responsibilities”— a point which Ndlambe, the First Respondent, did not deny.

A structural interdict for temporary supervision for a defined period was ‘appropriate to certain of the relief sought by the applicants’. Ndlambe had breached its constitutional and statutory duties.

  1. With regard to the dumpsite, the court issued a ‘mandamus’ compelling Ndlambe to take reasonable steps to prevent the burning of rubbish; to extinguish any that was burning; to prevent plastic packets etc from leaving the dumpsite and to collect any that had dispersed within a radius of 1.5km form the dumpsite. Ndlambe was to ‘decommission’ the dumpsite and find an alternative. This was to take place within 18 months, ie, by January 2018. In addition, the court ordered Ndlambe to report to the court by 14 July 2014 on what steps it had taken to comply with this supervisory interdict. (Read more about this in the article on ‘Steps taken by Ndlambe thus far’.)
  2. With regard to the sewage issue, the matter was no longer ‘alive’ as the sewage treatment works was (and still is) operational.
  3. With regard to the declaration of contempt of court Judge Lowe considered Judge Froneman’s instructions to Ndlambe regarding the permanent solution. That order had only been finally complied with some four years later in December 2014. Having considered the defences raised by the Mayor, the municipal manager and the Director he concluded, inter alia: ‘In my view the explanationgiven both in respect of the pump house and the continued leakage, which goes mostly unanswered, is indeed inadequate. There is no detail as to when, where and how steps were taken to secure the pump house funding, what delays were occasioned and why.’ A further question arising from this failure was whether the applicants had shown beyond reasonable doubt that Ndlambe’s non-compliance (and that of the Municipal Manager) had been, amongst others, wilful and mala fide.Having dealt with the relevant facts, the Judge concludedthat the municipality’s explanation to justify the flow of waste into the Bushman’s river had been inadequate. This failure had been demonstrated beyond reasonable doubt and, in the context of the papers before the court, had been wilful and mala fide. In the final analysis, and after careful consideration of an extensive amount of case law on the matter, Justice Lowe found Ndlambe and the Municipal Manager to be in contempt of court even though they had complied fully with the orders regarding the sewage works.
  4. With regard to the failure to respond to correspondence the court held that in many instances, though not all — ‘several of the letters being extravagant’ — Ndlambe’s failure constituted an ‘egregious dereliction’ of its duty to reply to correspondence which required a reply.
  5. The sanction for the declaration of contempt of court was dealt with in the paragraphs on the order as to costs. The Judge held that an order for costs de propris bonis is unusual. There had to good reasons for such an order. There was only one part of the application that warranted serious consideration for the granting of such an order. This related to the contempt application and the manner in which the municipality ‘guided by’ its Mayor ‘failed to act’. Due to the passing of time, the Mayor ‘escaped with a warning’. Ndlambe and the Mayor personally were ordered to pay the costs related to the order regarding the dumpsite and the sewage works jointly and severally.

In a further, and hopefully final, application the applicants approached the High Court again for orders regarding the two skips that Kenton used to have: one at the entrance next to the Police Station for refuse and the other at the bowling end of the parking lot outside Spar. Justice Lowe ordered the reinstatement of these two skips with the following additional instructions:

  • Both skips are to be placed on concrete slabs (which are to be laid within 20 days) at the municipal site next to the library; one is for recyclables and the other is for refuse.
  • Ndlambe is to erect a barrier around the site, see that the skips are emptied regularly and the area around the skips is kept clear of debris;
  • Take steps to make clear plastic bags available to the residents of Kenton at the lowest possible price for the disposal of their ‘recyclables’;
  • Publicize this order regarding recycling and refuse removal in Talk of the Town, on the outer door of the municipal office, and by emailing it to KOSRA’s database of residents; and
  • Pay the costs of this order.

Judgment summary by Legal English SA

Refuse removal schedule for 2018/2019

13-Dec-18 | KOSRA News

Please note the new refuse removal schedule for 2018/2019 for the Ndlambe Municipality.  Read more

Security Update

29-Oct-18 | KOSRA News

Security and the protection of our property are paramount to all of us.  For this reason, KOSRA (Kenton-on-Sea Ratepayers Association) has re-focused its security portfolio in an effort to further improve the success of crime prevention in this area. Read more

Law Enforcement Kenton on Sea

10-Sep-18 | KOSRA News

You may have noticed an increase in attention from the traffic department recently.  Read more

Recyling update

05-Sep-18 | KOSRA News

  Currently collections are still been done in 4 of the 5 municipal areas, including Ndlambe but processing thereof has slowed down due to a reduced staff compliment at each entity... Read more

Kenton - Vicious attacks in our community

30-Jul-18 | KOSRA News

Everyone in the Kenton community is concerned about the vicious nature of the current spate of crime. This is what is being done to try and combat this trend: Read more

AGM 2017 Chairman’s Report and Minutes

04-Jan-18 | KOSRA News

Kosra Chairman’s Address – 2017 Read more

Refuse schedule

12-Dec-17 | KOSRA News

  Refuse removal schedule Read more

Update on Security and our bank details

05-Dec-17 | KOSRA News

We would firstly like to take this opportunity to thank all those members who have contributed to the security fund. Read more

Update on Recycling

05-Dec-17 | KOSRA News

Recycled material is being collected on Tuesdays in Kenton and Merry Hill and on Mondays in Bushman's. Read more


29-Nov-17 | KOSRA News

Please join Kenton Ratepayers Associations for their Annual AGM:   Read more

Estuary Care AGM 2017

29-Nov-17 | KOSRA News

Please join Estuary Care for their Annual AGM:   Read more

Fire prohibition notice

21-Nov-17 | KOSRA News

Important notice!  Due to the Veld Fire Season and prevailing Drought conditions,no burning or open fires as defined in the attached pdf. Read more

Security update November 2017

06-Nov-17 | KOSRA News

Feedback on the current crime activity, and our plans for the next 6 months   Read more

Water restrictions and stray animals

05-Jul-17 | KOSRA News

It's been a very dry year and our reservoirs are in critical state. Read more


14-Dec-16 | KOSRA News

Join us for our Annual General Meeting  Date:  Saturday 24 December 2016  |  Time: 10h00  |  Venue:  Kenton Town Hall Read more

Security Update KOS

13-Dec-16 | KOSRA News

We, the Security Sub Committee, would like to take this opportunity to thank all those people who have contributed to the security fund and who continue doing so by means of monthly contributions. We would also like to give feedback on how the contributions have been spent and how effective the security efforts have been.   Read more

Estuary Care AGM

08-Dec-16 | KOSRA News

Please join Estuary Care for their Annual AGM:   Read more

Recycling for Kenton

09-Nov-16 | KOSRA News

Iwars have undertaken to collect recyclable waste from homes in Kenton from Tuesday 15 November 2016 and every subsequent Tuesday.... Read more

The High Court delivers its ruling

23-Sep-16 | KOSRA News

KOSRA, Estuary & Nature’s Landing v Ndlambe Municipality & others: the High Court delivers its ruling Read more

Follow-up: KOSRA court application against Ndlambe

14-Dec-15 | KOSRA News

The case against Ndlambe Municipality and its senior officials for lack of various aspects of service delivery was due to be heard in court on several occasions during this year... Read more

Follow-up: Approval for the petrol station complex

14-Dec-15 | KOSRA News

The DEAET has approved the proposal to establish a petrol station with "associated infrastructure" at the entrance to Kenton. KOSRA will appeal. You should too. Read more

Reminder: AGM

14-Dec-15 | KOSRA News

Please join us for our Annual General Meeting on the 24th Of December 2015 Read more


11-Nov-15 | KOSRA News

Please join us for our Annual General Meeting on the 24th Of December 2015 Read more

Update: KOSRA court application against Ndlambe

05-Oct-15 | KOSRA News

What KOSRA hopes the court will grant this month Read more

Update: proposal to develop a petrol station complex at the entrance to Kenton on Sea?

02-Oct-15 | KOSRA News

By far the greatest majority of those who submitted comments to SRK Consulting were against the proposal to establish a petrol station complex at the entrance to Kenton. Read more

KOSRA's objection...

24-Jul-15 | KOSRA News

The Kenton Ratepayers Association have submitted their objections to srk consulting to the proposal for establishment of a Fuel Service Station and other developments at the entrance to Kenton on Sea. Click here to view the letter Read more

A petrol station at the entrance to Kenton on Sea?

27-May-15 | KOSRA News

Please help us to block this proposal! On Thursday 14 May 2015 a small, obscure notice concerning an application for the establishment of a petrol station at the entrance to Kenton on Sea was published in Talk of the Town... Read more

Christmas greetings to all ratepayers, residents and visitors to Kenton.

28-Nov-14 | KOSRA News

The Chairman and the whole KOSRA committee wish all our members and all Kenton ratepayers, residents, visitors, and their families and friends a merry Christmas and a Happy New Year If you are travelling to Kenton, Nihambe Kakuhle! and we look forward to welcoming you to Kenton at our AGM in the Kenton Town Hall at 10 am on 24 December. Read more

Kenton update & Legal Action

27-Nov-14 | KOSRA News

On 31 October 2014 KOSRA sent a newsletter via email with a short report by the Commitee on issues of interest to all Kenton Property Owners. One of these topics was the legal action against Ndlambe Municipality. Read more

Diarise it - AGM 2014

27-Nov-14 | KOSRA News

KENTON RATEPAYERS ESTUARY CARE     Date Wednesday 24 December 2014 Time 10h00 Venue  Kenton Town Hall     Click here for the agenda Date Tuesday 23 December 2014 Time 10h00 Venue  Kenton Town Hall Read more

Recycling and the dump site

27-Aug-14 | KOSRA News

The dump at Marcelle: Litigation proceedings are at an advanced stage. Read more

What KOSRA does for you

27-Aug-14 | KOSRA News

The minutes of KOSRA’s meeting of 24 July 2014 make sobering reading. Read more

Recycling in Kenton-are we making progress?

05-Nov-13 | KOSRA News

By Anthony Bayley Kenton and district residents should have no difficulty in seeing the build-up of waste materials in our environment.  Look in any street at paper and plastics in the hedgerows. It is abundant along beach access paths and to a lesser extent on the beaches. Read more

KOSRA continues to find ways to improve relations with Ndlambe

28-Mar-13 | KOSRA News

KOSRA continues to find ways of improving relations with Ndlambe. It is very difficult to do anything in our community without their support. Read more

KOSRA Chairmain's report 2012

07-Feb-13 | KOSRA News

Kenton-on-Sea Ratepayers’ Association Chairman’s report 27 December 2012 Read more... Read more

Public Toilets

29-Nov-12 | KOSRA News

At long last we have toilet facilities in the village for use by the public. They are not officially 'Public Toilets' but are available during normal working hours for those who need them. They are located in the Municipal building through the entrance past the Tourist Information Centre, down the passage and then on one's right. Signage has been fitted. Facilities of... Read more

Middle Beach wall deteriorates further

12-Nov-12 | KOSRA News

The adverse weather conditions have led to further damage to Middle Beach which has been declared a potential Blue Flag beach for our area. Read more

Ratepayers Associations-Now needed more than ever

02-Oct-11 | KOSRA News

Over the years, some Ratepayers Associations have either aggressively sought confrontation with Municipalities or have resigned themselves to the fact that “nothing can be done about it”. Not so in Kenton-on-Sea…….. Read more

KOSRA Management

15-Sep-11 | KOSRA News

Kenton Ratepayers Associations- Living in Kenton and would like to join the KOSRA Management Team? The Kenton-on-Sea Ratepayers Association (KOSRA) in cooperation with Estuary Care, has a powerful Mission Statement which states that KOSRA is determined to preserve the character and natural beauty between the Kariega and Bushmans River in a sustainable manner. Its management team seeks... Read more