VEREENIGING . – A Court Order was granted on 31 March in the Gauteng Local Division (High Court) whereby the Emfuleni Local Municipality (ELM) is interdicted from operating the Waldrift Landfill Site without a valid Waste Management Licence.

A local farmer who grows vegetables on the neighbouring farm brought the application in February 2021 after he learned that ELM was operating the landfill site without a valid Waste Management Licence and after various unsuccessful attempts to persuade the municipality to prevent the burning of waste on the landfill site.

The farmer also demanded that ELM should:

* Prevent ash or burning waste from the landfill site from being blown onto his property and adjoining properties;

* Prevent contamination of storm water from running from the landfill site to adjoining properties;

* Reconstruct the palisade fence;

* Prevent litter and dust blowing from the landfill site to adjoining properties, including his property.

An interim interdict was granted against ELM on September 7, 2021 but Emfuleni failed to take any action. As a result, the final interdict was granted on 31 March this year. The Court Order was served on Emfuleni and if they do not comply with the order and close the Waldrift Landfill Site, it will be closed with the help of the South African Police Service.

As a result of this Court Order the dumping of any waste at the Waldrift Landfill Site is illegal.

* The application in the High Court was brought by Esthe Muller of the firm Esthe Muller Incorporated, assisted by Adv Peter Lazarus SC. The Court Order was granted by the Honourable Judge Dosia

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