Residents near Rietfontein AH face escalating health concerns and environmental pollution after living alongside an illegal landfill and informal settlement on Portion 25 of Farm 375 Rietfontein in Eland Street for more than a decade.

For nearly 13 years, Sunset Ridge Estate residents have battled foul odours, toxic smoke and pollution from the illegal landfill on Portion 25, with many claiming the worsening conditions threaten their health and property values.

Residents claim they have been living in unbearable conditions, struggling to breathe because of fires at the dumpsite in Rietfontein AH near Mooikloof, east of Pretoria.

The site is also allegedly home to an informal settlement with more than 800 residents.

In 2019, the homeowners association petitioned the metro to evict the residents. A court order states that residents complained about alleged illegal activities, including drug trafficking, selling liquor and running brothels.

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.

Metro hunts untraced owner

Tshwane metro said the property is registered under Jubica Trust, against which a court order was issued on February 5, 2024, but no trustees have come forward.

City spokesperson Lindela Mashigo said that after numerous attempts to locate and contact the trustees of Jubica Trust, the municipality has been unsuccessful.

The trustees remain unknown and non-compliant with the court order, leaving the municipality unable to provide an owner’s name.

He said, however, the city has identified the bondholder associated with the property, who is regarded as the accountable party for pursuing the necessary enforcement action.

Mashigo said 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.”

Legal action under NEMA

Mashigo said an administrative enforcement action in terms of Section 28 of the National Environmental Management Act (NEMA) will be initiated within a week through the hand delivery of a pre-directive to the landowner or Trust, who is regarded as the accountable party for pursuing the necessary enforcement action.

“In terms of Section 28(4) of NEMA, the landowner/ Trust will be allowed 15 working days from receipt of the pre-directive to submit written representations to the city, stating reasons why a final directive, outlining required remedial action should not be issued.”

Mashigo said in line with the MEC’s directive to address illegal landfill sites across the city, the property has been identified as a priority area, resulting in multi-sectoral blitz operations.

He said the owner has not complied with the North Gauteng High Court order of February 5, 2024, which directed the remediation of the nuisance.

“Section 56 notices have been issued in terms of the city’s Waste Management By-law.”

He added that the Tshwane Metro Police Department is developing plans to enforce municipal by-laws against those contributing to the illegal dumping.

Mashigo said investigations confirmed that an informal settlement and an illegal landfill are operating on the property without the required environmental authorisation under the National Environmental Management: Waste Act 59 of 2008.

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