Slap on wrist for illegal dumping, say environmentalists

Despite KwaDukuza’s acting mayor Dolly Govender declaring war on illegal dumping recently, the lenient sentence handed down to two offenders at KwaDukuza Magistrates Court on Friday, March 6, did not send a strong enough message to offenders.

Johannes Joubert, 41, and Moosa Ali, 47, were each handed R20 000 fines or two years’ imprisonment for dumping leachate into the Mdlotane River in Stanger, over a period of three years.

The R20 000 fine or two years’ imprisonment was in addition to receiving a R1 million fine and four years’ imprisonment, suspended for five years, provided they did not repeat the offences.

According to environmentalists the fine imposed on the two former landfill site managers was a slap on the wrist compared to the environmental damage their deliberate actions had caused.

State prosecutor Yuri Gangai responded by applying immediately for leave to appeal the sentences handed down by Magistrate Veliswa Dube.

Gangai said the R20 000 was a slap on the wrist as the accused had acted intentionally.

The dumping of leachate was in breach of the National Environmental Management Act, the National Environmental Waste Management Act and the National Water Act.

Leachate is the liquid that drains or ‘leaches’ from a landfill.

It varies widely in composition regarding the age of the landfill and the type of waste that it contains.

Joubert and Ali were former managers at a landfill site in New Guelderland, which is operated by Dolphin Coast Landfill Management (DCLM).

The site is said to be the largest high hazardous waste operation in the southern hemisphere.

Instead of dealing appropriately with the high volume of leachate generated at the site, Joubert and Ali channeled the leachate into the river.

Pipes were connected to the dams at the landfill containing leachate, which was then pumped in its raw form into storm water drains that led to the river.

Both the accused agreed that they instructed employees under their supervision to dispose of the contaminated liquid into the environment.

They claimed their dumping of leachate was as a result of following the instruction of a senior manager. Joubert and Ali pleaded not guilty to all six charges.

Gangai said the Department of Environmental Affairs (DEA) Green Scorpions – government officials from national, provincial and local government who are responsible for compliance and enforcement activities with environmental legislation – had spent almost R500 000 investigating the case.

On sentencing, Magistrate Dube acknowledged that the applicable sentence for their crimes was a R10 million fine or 10 years’ imprisonment.

Albi Modise, director of communications, said the DEA was disappointed with the sentences, especially since the accused intentionally discharged leachate into the watercourse.

“The environmental offences which the accused have been found guilty of are serious and with penalties ranging from R5 million and/or five years imprisonment to R10 million and/or 10 years imprisonment.

“For this reason, the DEA is encouraged by the decision that was taken by the prosecutor to appeal the sentence,” Modise said.

Di Jones, a North Coast conservationist and a member of the DCLM’s monitoring committee, said she was aware of the leachate issue.

“I’m upset about the contamination and it is hard to quantify the damage done, (on) the previous owner’s watch.”

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