Toxic times: Smouldering, chaotic landfill site a serious health hazard, say Eastern Cape’s Komani residents

The action by Komani residents and organisations comes after the Msunduzi municipality, which runs Pietermaritzburg in KwaZulu-Natal, was given 30 days to come up with an action plan to deal with the environmental disaster that is the New England Road landfill site.

Pietermaritzburg High Court Judge Rishi Seegobin found that the municipality had breached several environmental laws, including section 24 of the Constitution which highlights everyone’s right to a healthy environment protected from pollution.

According to the CEO of the Twizza soft drink company, Ken Clark, they are filing papers to force the Komani-based municipality to put an end to the smoke billowing from the landfill site.

Clark said the smoke is caused by the illegal burning of plastic, which can harm the health of people from Ezibeleni and Komani, five kilometres from the site.

“There is absolutely no waste management in Komani and zero management at the landfill site. We are taking the municipality to court to force them to deal with waste management. The constant burning at the landfill site is a health hazard to people living near the tip,” he said.

The Independent Komani Residents Association (Ikora) has filed an affidavit in support of the application.

Ikora spokesperson Zolile Xalisa said the uncontrolled burning at the landfill site is the biggest issue affecting Ezibeleni residents.

“If the wind blows northwest, the blanket of smoke covers Ezibeleni, and if the wind blows southeast, the smoke blows over Komani. Therefore the smoke affects the whole town. The permit issued to the municipality does not allow the burning of waste,” he said.

Xalisa said the burning of waste near residential areas posed a danger to human health.

Ezibeleni resident Xolani Ngxatu said he lives behind the landfill and they are the most affected by the pollution.

“The smoke from the site comes into our houses and we breathe the polluted air every day. I am an asthmatic person and the smoke affects me badly,” he said.

When Daily Maverick visited the site on Monday, there were about 50 people collecting tins and a strong odour came from the burning refuse. 

Animals roamed the site and piles of refuse dumped at different sections were seen smouldering.

Andile Qumba, one of the people who collects tins at the dump, said there is no one burning anything at the site.

“When you stand there, you can feel the heat as this smoke comes from under the pile of refuse that is here. We don’t know the cause of the smoke,” he said.

Christo Theart, chairperson of the Centre for Local Community Rights, a non-profit organisation established to assist communities with local government issues, said the waste disposal site was authorised by the Department of Water Affairs on 23 June 2004.

According to the letter of authorisation seen by Daily Maverick, the then Lukhanji municipality, which was amalgamated with Tsolwana and Inkwanca municipalities in 2016, was given conditions to follow when it was granted their operating licence.

The conditions include:

• The burning of waste is prohibited;


• A notice must be displayed at the entrance of the site which prohibits unauthorised entry and includes the hours of operation, the name, address and telephone number of the registered person and person responsible for the operation of the site;


• The entrance gate must be locked [the entrance to the site has no gate];


• The site must be effectively fenced;


• Adequate provision must be made on the site for drinking water,  sanitation and ablution facilities for the workers;


• The registered person must take steps to ensure that the site is operated in a manner that will prevent the creation of nuisance conditions or health hazards;


• Operation must take place in cells or trenches, compacted and covered on a daily basis; and


• A registered person must keep a record of and update all waste information.