Kenton’s court case

by | Sep 23, 2019 | Recycling & Waste, Water, Infrastructure and Maintenance | 11 comments

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:

  1. The installation of a pump in the sewage tank – there have been no further overflows
  2. The closure of the Marselle Dump
  3. An order, granted on 30 November 2017, that Ndlambe must find, acquire and establish a new site for a rubbish dump
  4. 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:

  1. 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.
  2. 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.



  1. We appreciate your efforts in holding the relevant people to account and hopefully Kenton will remain a lovely place under your watch. Thank you!

    • Thank you

  2. Thank you for your ongoing efforts for the residents.

  3. Well done Guys and keep up the pressure – it is a bit like Chinese water torture viz Dripping water but does seem to be eventually having some effect!

  4. Very Much Appreciate this initiative going forward. Thank you KOSRA for the excellent Communications and feed back.

  5. Well done Kosra team
    Much appreciated

  6. I congratulate KOSRA on the positive outcome after such unacceptable delays.
    I trust it will encourage you to continue pursuing the watchdog role concerning the lack of performance of the Ndlambe Municipality.
    I was only this long weekend speaking to friends who have been past members of Kosra and I expressed my deep disappointment at the extremely low percentage of property owners who are paid up members of Kosra. The general attitude was one of defeatism where one is wasting one’s time trying to engage with this different culture when it comes to accountability.
    Maybe the successes you describe will encourage more owners to enroll as members.
    I do believe if one shows a strong attitude the continued pressure through legal channels will continue to bear fruit.
    Congratulations again and keep up the outstanding efforts on behalf of all at Kenton.

    • Thank you. And not only legal channels. The ‘water’ team have had a great success by patiently working alongside Amatola & Ndlambe.

  7. You guys do great work, and all your efforts are much appreciated. Your tenacity is remarkable, and undoubtedly largely responsible for your success. Please keep up the good work on the communities behalf.

  8. Thank you all on KOSRA for your commitment on behalf of us all.

  9. Thanks so much to you all. Its great to have this new team full of energy and determination. We are already seeing a difference, potholes in Devon Road being done for one!
    Could you please push for the bottom car park at Middle Beach be kept sand free. If it’s done regularly it won’t get so clogged up.
    I think you should put up posters advertising your achievements for all to see, in the hopes more homeowners will join up. perhaps headed, KENTON NEEDS YOU, like the wartime posters!

Recent articles

KOSRA donations appeal

Your town needs you! While we wait for contributions from Ndlambe, let’s help ourselves to carry on the good work of making Kenton-on-Sea the jewel of the Eastern Cape…

Donations appeal

All ratepayers should by now be aware KOSRA has changed its approach to representing the Kenton ratepayers by having free membership but at the same time expanding our functions to actively assist in areas where critical services are not being provided by others, and...

Road maintenance planning

At the recent KOSRA AGM there was general agreement that ratepayers should become involved in funding and carrying out road maintenance in Kenton-on-Sea. KOSRA have collected a substantial amount of data on the roads in the town as well as their condition and are...

The KOSRA revolution

Dear Kenton-on-Sea ratepayers, We have some fantastic news to share with you! Following feedback from the AGM, KOSRA is going through a revolution: KOSRA membership is now free for all residents/ratepayers and all Ratepayers are automatically members of KOSRA. KOSRA...

Don't miss out!

Join our mailing list to receive the latest news and updates.

It's free! Click here and subscribe now.

You have Successfully Subscribed!

Share This