You may recall that, in 2014, after repeated instances of serious pollution from fires at the rubbish dump in Marselle and of overflows from the sewage tank into the Bushmans River, KOSRA, with Estuary Care and Natures Landing, launched an application to the High Court in Grahamstown against Ndlambe Municipality. This was funded by contributions by ratepayers, members of Estuary Care and residents of Nature’s Landing.
The case resulted in:
- The installation of a pump in the sewage tank – there have been no further overflows
- The closure of the Marselle Dump
- An order, granted on 30 November 2017, that Ndlambe must find, acquire and establish a new site for a rubbish dump
- An order that Ndlambe report back to the Court every 3 months on progress with 2 and 3 above.
Costs of R301 100. 03 were recovered from Ndlambe. From these the 3 Applicants were repaid their costs in full as follows:
- KOSRA R83 236.03
- Estuary Care R14 123.77
- Nature’s Landing R35 000
The balance of R168 739.48 was retained by Kevin van Huyssteen of Fluxmans as a very modest payment for all the work carried out and costs incurred by him.
The current position is that:
- Ndlambe has obtained funding for capping the Marselle dump. The Department of Environment (DEDEAT) has decided however, that the dump must also be entirely “wrapped”, at a much higher cost. Ndlambe has just completed a survey by experts certifying that capping is sufficient. Ndlambe is awaiting confirmation from DEDEAT that it may proceed with capping.
- In June 2018, Ndlambe identified 2 possible sites for a new dump. Since then, it has done nothing effective about acquiring one, and in its latest report to the Court, it states that it is now reviewing its entire municipal landfill strategy.
We regard this as unsatisfactory and will inspect the sites to determine which is most suitable for our area. We will then respond to the Court expressing our frustration and requesting that the Court set a time limit for Ndlambe to acquire the preferred site for our area.
KOSRA WORKING FOR YOU!