Afriforum lays criminal charges against city manager for Brakpan pollution

“On the horizon, even bigger ecological disasters are looming, with more informal settlements springing up and unless curbed by council, could actually be construed to be sanctioned, if not indeed actively endorsed by the metro.”

October 4, 2017

Brakpan Herald 3 minutes read

Criminal charges were instituted at the Brakpan Police Station against Ekurhuleni Metropolitan Municipality top management by Afriforum Brakpan last week. Johan Fourie (left) is the chairperson of Afriforum Brakpan and Drummond Doig is the vice-chairperson.

Vice-chairperson of the Brakpan branch of Afriforum, Drummond Doig, instituted criminal charges against Ekurhuleni Metropolitan Municipality city manager Dr Imogen Mashazi at the Brakpan Police Station on Wednesday, last week.

The charges relate to the Weltevreden Landfill Site and the Plastic City informal settlement.

Concurrently, criminal charges were brought against Brakpan Customer Care Centre manager Rebotile Motau and against members of Sungu Sungu CC, the company contracted to council to operate and manage Weltevreden.

The charges include, but are not limited to, contravening the Waste Management Act, the Air Quality Act, other Statutory Acts and the Constitution of the Republic of South Africa.

Doig facilitated the compilation of an elaborate 500-plus page charge statement.

AfriForum Brakpan branch chairperson Johan Fourie accompanied Doig to the police station.

The charges were laid in both Doig’s personal capacity as an involved resident and ratepayer, in his capacity as an AfriForum member and executive representative, and on behalf of all affected residents and business owners.

According to Doig, the crisis with environmental pollution is mounting exponentially, especially with the uncontrolled expansion of informal settlements within and around Brakpan.

When asked why he had elected to lay criminal charges, an outspoken Doig stated that the metro is either unwilling, unable to, or simply incapable of addressing the significant health challenges residents are subjected to.

“The metro’s excuses, presented at the isolated public meetings they do attend, are myriad,” said Doig.

“Lack of funds, xenophobic concerns, human rights of the squatters, capacity challenges, etc.

“What the metro seems to excel at is demonstrating their patent deficiency and limited grasp of the situation and have absolutely no concern for the human and civil rights of the taxpaying residents, the elderly or the children of Brakpan.

“Excuses are the most abundant resource in the metro’s arsenal, amongst all rank and seem to remain in steady and constant supply.

“Not once has even a single metro official effected any tangible, let alone lasting, resolution.”

Chapter 2 Section 24(a) of the Constitution of the Republic of South Africa guarantees every citizen the right to an environment that is not harmful to human health or well-being and to environmental protection for the benefit of present and future generations.

Further to this, Chapter 2 Section 33 guarantees the rights of citizens to administrative action that is lawful, reasonable and procedurally fair.

It also provides for review of administrative action by a competent court.

Section 38 further continues to guarantee the rights of all citizens to have their rights legally enforced by same competent court.

“On the horizon, even bigger ecological disasters are looming, with more informal settlements springing up and unless curbed by council, could actually be construed to be sanctioned, if not indeed actively endorsed by the metro,” said Doig.

With increasing frequency, citizens are voicing the sentiment that formally reporting their concerns elicit no response from the metro.

“Experience, therefore, teaches us that continuing along the same fruitless path will continue to yield the same failure to resolve the matter,” said Doig.

“Formal structures and channels seem to be employed only to stall and delay.”

AfriForum Brakpan pleads with its members and residents alike to continue to submit evidential documentation, continue to report incidents to the Ekurhuleni Call Centre and document their reference numbers and continue to collect documentary proof, photographs, registration numbers and descriptions of vehicles seen removing waste from the landfill site.

Information can be submitted via email at brakpan.afriforum@gmail.com or via social media.

Doig added that the docket opened for case number 433/09/2017 has already been escalated to the Green Scorpions for more focused attention and local investigations by the Brakpan SAPS will continue.

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