Residents of Sunset Ridge Estate are allegedly being ‘suffocated by air pollution’ from an unauthorised landfill that has operated near their homes for almost 13 years.

The impact has been especially devastating for elderly residents and those with chronic conditions, while individuals suffering from asthma, lung cancer, and sinus-related illnesses report unbearable breathing difficulties.

The residents claim that they have been living in unbearable conditions, struggling to breathe due to fires at an illegal landfill site on Eland Street in Rietfontein AH near Mooikloof, east of Pretoria. The site is also allegedly home to an informal settlement with over 800 residents.

Sunset Ridge resident Robbie de Jong claims that trucks queue daily to dispose of waste, resulting in piles of refuse that continue to grow, and that runoff during the rainy season spills onto surrounding land.

According to residents, waste removers are charged about R800 per load for large trucks and R600 for smaller vehicles to dispose of waste at the facility.

“The city is losing income daily because trucks and smaller vehicles are dumping here instead of paying disposal fees at Tshwane’s authorised landfill and garden refuse sites,” De Jong added.

According to De Jong, all types of waste are dumped together without proper authorisation, management or environmental safeguards, frequently resulting in fires.

“The fire department previously spent 10 consecutive days battling a fire at the landfill. Yet the site is not registered and contributes nothing in rates and taxes,” he said.

De Jong said concerns about the site were first raised with the Tshwane metro more than a decade ago.

“We were told it was too expensive to erect no-dumping signs and that they would simply be stolen. We also asked the TMPD to impound vehicles dumping waste because many are unroadworthy and do not even have number plates,” he said.

As a property valuator, De Jong estimates that rehabilitating the site could cost at least R10-million.

Another resident, retired medical doctor Basel Mukenge, said he had hoped to enjoy a peaceful retirement after building his dream home in the area, but the landfill has severely affected his quality of life, and that of others.

“The air quality is terrible. People genuinely become sick because of the smoke. Elderly residents are particularly vulnerable,” he said.

Mukenge said the presence of the illegal landfill and adjacent informal settlement has negatively affected property values.

Ward 91 councillor Henning Viljoen said three estates and a school for children with disabilities are affected, and the school has reported that the children are having difficulty breathing.

In 2019, the Home Owners Association petitioned the metro to evict the squatters, as they were allegedly engaging in illegal activities, including drug trafficking, selling liquor, and running brothels.

However, legal complexities have hampered the metro’s efforts to clean up or evict the squatters, as it is unable to contact the property owner.

The Tshwane metro said it is struggling to enforce by-laws, issue contravention notices, and effect court orders against the owners.

The residents further claimed that the runoff from waste dumped flows into the Rietvlei Dam and contaminates the groundwater, while the smoke pollutes the air over Mooikloof, Mooikloof Heights, The Hills, Rietfontein AH and as far as Garsfontein, Grootfontein and Rietvlei View.

According to Tshwane metro spokesperson Lindela Mashigo, responsibility for the illegal landfill rests with the property owner, following a North Gauteng High Court ruling handed down on February 5, 2024.

“The court dismissed an application seeking to compel the city to provide services at the site and ordered the owner of Portion 25 of Farm 375 Rietfontein to remediate the nuisance in a manner that complies with health and safety legislation.”

Mashigo said a legal opinion obtained by the metro confirmed that the court absolved it of any obligation in the matter, requiring the municipality to refrain from interfering in a dispute that has already been adjudicated.

He said investigations confirmed that an informal settlement and an illegal landfill are operating on the property without the required environmental authorisation in terms of the National Environmental Management: Waste Act.
The investigations were conducted by the metro’s Environment and Agriculture Management Department, together with the Gauteng Department of Environment (GDoE).

Mashigo said that enforcement of those provisions falls under the jurisdiction of the GDoE.

“The city also identified non-compliance with Section 28 of the National Environmental Management Act, which requires property owners to take reasonable measures to prevent pollution and environmental degradation.”

“We are working with the GDoE and the Gauteng MEC to ensure that enforcement action against the property owner is pursued as a matter of urgency.”

Mashigo further stated that, in the metro’s view, the property owner has failed to comply with the February 2024 court order.

According to the Department of Forestry, Fisheries and the Environment (DFFE), landfill sites may only operate with the necessary legal authorisations, including a valid waste management licence, as well as the required land-use and zoning approvals from the relevant municipality.

Landfills are also required to have appropriate engineering and environmental safeguards in place, and to monitor the effects they have on groundwater and the environment.

According to Mashigo, although enforcement action was delayed because the owner could not be traced, new information regarding the owner’s identity has been discovered, and administrative enforcement action is being considered.

He added that the TMPD is developing plans to enforce municipal by-laws against those contributing to the illegal dumping activities.

“While the city has no responsibility for removing waste, addressing illegal occupation or rehabilitating the site, Tshwane does have jurisdiction over public roads and servitudes surrounding the property.”

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