By. Steven Van Vollenhoven
The Democratic Alliance (DA) in Nala laid charges at the Bothaville police station against the municipality for being unlicensed to operate a dumping site, resulting in non-service delivery and unhygienic circumstances.
Thinus Barnard Democratic Alliance
Councillor in the Nala Local Municipality said the municipality
trucks are not fully operational or up to standard for delivering services. Households are piling up rubbish because there is no access to the dumping site, and the waste is not being collected from the households.
The recent rain worsened the situation, with rubbish being swept into the rivers, causing more pollution and health hazards.
The situation is even more dire in old-age homes, where residents are forced to use private companies to remove and collect rubbish at extra costs.
Criminal charges are justified in this case of non-compliance because South African environmental legislation, specifically the National Environmental Management: Waste Act (NEMWA) and the National Environmental Management Act (NEMA), prohibits the improper disposal, handling, and storage of waste (Sections 32–34 of NEMWA) and places a legal duty on municipal authorities to prevent environmental harm (Section 28 of NEMA).
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Furthermore, Sections 89 and 90 of NEMWA and Section 33 of NEMA establish criminal liability for municipal managers who intentionally or negligently violate these provisions, making them personally accountable for environmental offences.
Such non-compliance not only endangers public health and the environment but also constitutes a breach of statutory duties, warranting fines, imprisonment, and other legal penalties.
Several cases have been made in the past. We will continue to fight for proper service delivery and sanitation to protect residents’ health.