AN underground fire at an illegal dumpsite on Gum Tree Road in Sea Cow Lake has been smouldering since mid-June and solutions on how to extinguish it are yet to be found.

The area’s Ward councillor, Andrew Akkers, wrote to the SA Human Rights Commission (SAHRC), accusing authorities of failing to protect residents’ constitutional rights to a safe and healthy environment.

Related story: Toxic smoulder takes over Sea Cow Lake

The fire, burning since early June on private land in Gum Tree Road in Sea Cow Lake, affects multiple communities, including Kenville, Sea Cow Lake, Effingham Heights, Avoca, and Greenwood Park, as well as parts of neighbouring Ward 36.

“The situation constitutes a violation of our constitutional rights,” Akkers wrote in his complaint, citing residents’ right to an environment not harmful to health (Section 24 of the Constitution) and the right to access health care services (Section 27).

According to Akkers, illegal dumping has plagued the site for more than a decade, with rubbish now spilling into a protected D’MOSS conservancy area, threatening ecologically sensitive land. Efforts to extinguish the fire have hit multiple roadblocks.

The landfill’s towering height, reportedly around 17m, and the unstable terrain, have made it impossible to smother the fire with retardants or to deploy firefighters safely.

“The municipality’s inaction constitutes a failure to protect the community from environmental harm,” Akkers said, accusing officials of neglecting their duty to prevent ecological damage and uphold environmental laws.

In his letter, Akkers has urged the SAHRC to investigate the fire, determine whether constitutional rights have been breached, and compel state organs to intervene and rehabilitate the land. He also called for affected residents to be given a platform to voice their concerns.

“I sincerely hope the Commission will intervene in this urgent matter to safeguard the rights, imminently endangered health, and dignity of our affected communities,” Akkers said.

The SAHRC responded to Akkers stating that it would assess the complaint to determine whether it falls within the mandate of the SAHRC; or whether it should be dealt with by another organisation, institution, statutory body or institution created by the Constitution or any applicable legislation.

Health implications

Ward 36 resident Crystal Little, who lives in Acutt Avenue, said she has to sleep with room doors closed in an attempt to keep the toxic smell out.

“It smells like rubber and chemicals burning. The stench gets worse towards early morning, around 02:00, and it wakes me up. I have to close all the doors and windows but the smell still creeps in. I cover my head with blankets when I go to sleep. I suffer nose bleeds and battle with a throat burning. Everyone in this area is hoping the matter will be sorted,” she said.

Little added that she and other residents are aware that a landslide could occur if the fire department tries to douse the smoulder.

“We have had terrible flooding over the recent years and no avalanche has happened. The safe thing to do is to evacuate everyone living at the bottom of the illegal dump site and for the fire department to spray a fine trickle of continuous water, similar to a soaking rain, in order to stop the toxic matter from burning,” said Little.

“I live in Riverside and I have never experienced air pollution like we have at the moment. It is a pungent acrid smell in which you cannot breathe. It is totally unacceptable that we have to live like this,” said Bruce Forrest.

“That is totally unacceptable to us the citizens and ratepayers residing in the area. The officials are not taking this seriously at all and are just fobbing us off,” he added.

eThekwini Municipality spokesperson Gugu Sisilane said the City’s Emergency Services, Environmental Health Practitioners, and Air Quality Specialists are working jointly to mitigate the impact of smoke currently emitting from an illegal dumpsite in the Gum Tree Road area.

@caxtonlocalmedia Three eThekwini Municipality departments were called out to Gumtree Road in Ward 34 last Thursday after residents raised the alarm over toxic fumes emanating from an old illegal dumpsite. Toxic chemicals had been dumped on this site in previous years until Metro SAPS intervened last year and fined the culprit. These chemicals, now underground, is what is burning and expelling toxic fumes into the air. Anil Beekrum, chairman of the Kenville and Sea Cow Lake Residents and Ratepayers Association and vice-chairman for the Kenville and Sea Cow Lake Community Policing Forum said he has stopped a vehicles from dumping in the area and reported registration numbers to law enforcement and the City’s parks and gardens department. Municipal spokesperson Gugu Sisilane said: “A multi-disciplinary operation is working round the clock to alleviate the impact of pollution and restore air quality in the affected areas as swiftly as possible.” #CaxtonLocalMedia #GumtreeRoad #ToxicFumesDurban #Ward34 ♬ original sound – caxtonlocalmedia

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