These have attributed to the emission of strong toxic fumes and the outbreak of several fires which are posing severe threats to the sustainability of the environment and to the health and well-being of residents in both the local and surrounding communities.

The Municipality’s waste management strategy is still primarily reliant on landfill disposal and the lifespan of the New England Road landfill site was already flagged as being close to its exhaustion several years ago.  The SAHRC is therefore deeply concerned with the deterioration and current state of the site given its prejudicial impact on the environment and public health which also includes several schools that are located in close proximity of the site.

Section 24 of the Constitution provides for the right to an environment that is not harmful to one’s health or well-being as well as the right to have the environment protected from pollution and ecological degradation.  This right is interrelated with many other rights in the Bill of Rights such as one’s intrinsic right to human dignity.  The SAHRC has therefore registered an own initiative complaint in terms of Section 13 (3) (a) of the South African Human Rights Commission Act No. 40 of 2013 which empowers the SAHRC to investigate any complaint relating to an alleged human rights violation.

Given the far-reaching risks and consequences that the site is posing to the environment and to health and well-being of all affected communities, the SAHRC is committed to ensuring that all necessary steps and/or measures are identified and implemented to remedy the situation and to minimise any further threats to the environment and to the health and well-being of the local communities.

Ends

Prepared by the KwaZulu-Natal Provincial Office of the South African Human Rights Commission.
For queries contact the SAHRC’s KZN Provincial Manager, Mr Lloyd Lotz on 031 – 304 7323 or via email at This email address is being protected from spambots. You need JavaScript enabled to view it. or the Senior Legal Officer Ms Pavershree Padayachee at This email address is being protected from spambots. You need JavaScript enabled to view it.