The Tshwane Metro said it is struggling to enforce by-laws, issue contravention notices, and effect court orders against the owners of Plot 25 in Eland Street in Rietfontein AH near Mooikloof, east of Pretoria.

Illegal dumping is growing on the land and illegal squatting also persists. An alleged mafia is collecting money to allow businesses and waste removers to dump waste at the property. More than 800 people are currently squatting on the land.

The metro revealed that the owners of the plot are ignoring the court order. Meanwhile, the metro cannot locate the owners to enforce the order or take action legally.

Residents of a nearby estate, Sunset Ridge on Duiker Street, have been fighting to get illegal squatter camp to be removed for over a decade, also dealing with persistent illegal dumping and lawlessness.

For almost 13 years, the Sunset Ridge Estate Home Owners Association has been fighting and approaching the courts to permit the eviction of squatters from Plot 25. The association claimed that their presence contributes to the depreciation of their property values and adds to lawlessness.

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

Recently, nearby residents claimed that someone is collecting money to allow dumping and then burning the waste, causing massive air pollution.

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.

In 2019, the association petitioned the metro to evict the squatters, as they were allegedly engaging in illegal activities, including drug trafficking, selling of liquor, running brothels, disturbing the peace, and illegal dumping of waste.

The association said residents found themselves in a very vulnerable situation, as crime has increased in the area.

The piles of waste are also spilling over the roads, making it difficult for motorists to drive.

Metro spokesperson Lindela Mashigo said the city is aware of the conditions at the site and has conducted numerous site inspections.

Mashigo explained that the owners of the plot are not honouring the court order and cannot be located to enforce it.

He said this matter relates to non-compliance in terms of the National Environmental Management Waste Act (NEMWA), as an illegal landfill is being operated without a waste management licence. The matter has been referred to the Gauteng Department of Environment, as it falls within their jurisdiction.

Mashigo stated that the rehabilitation, cleaning of the property are the responsibility of the site owners as per a court order related to the site dated February.

The court ruled that relief sought by the applicant to compel the city to provide basic services at the site be refused. It also ruled that the owners remediate the nuisance on the site.

The said remediation is directed to reasonable compliance with the applicable health and safety legislation and to ensure that the use and occupation of the occupiers of the site do not pose a threat to the safety and well-being.

In terms of a legal opinion obtained related to the said court order, the city has been absolved by the North Gauteng High Court of any obligation. “The city must maintain the status quo as the municipality cannot interfere in this already adjudicated matter.”

Mashigo said, however, the city does have jurisdiction on public roads and road servitudes leading to/adjacent to the site, where by-laws apply to persons contributing to these illegal activities at the site.

“The city has Environmental Management Inspectors responsible for compliance and enforcement in terms of the National Environmental Management Act (NEMA), but the rehabilitation activities apply to the site owner as per the court order.”

Residents demanded the removal of the squatters and the clearance of the illegal landfill site.

They say that the land grabs have brought issues such as health hazards, crime and pollution, as well as depreciating property value.

Potential buyers no longer want to invest in the area, and people are selling off their property before they lose more value.

Previously, an elderly resident Heather van Rensburg said, “Trucks queue to dump at the illegal dump, further exacerbating the problem”.

She said concerned citizens regularly contacted the metro police and Tshwane Metro, yet no action has been taken.

“This issue started years back and it is so bad that it is a mountain spilling into the street, and they are now dumping across the street.”

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