The Landfill Site has been the source of several fires that has engulfed the city of Pietermaritzburg in recent years.  Various other challenges have also plagued the landfill site over the years.   These have attributed to the outbreak of the fires and the emission of strong toxic fumes, which pose 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 matter has been set down for Hearing on the opposed roll on 28 May 2021 at 09h30.  

In summary, the Commission seeks an order in the following terms:

1.    A Declaration by the Court that the First Respondent has violated section 24 of the Constitution and the National Environmental Management Act 107 of 1998 (NEMA), and other relevant laws.

2.    A Structural Interdict directing the First Respondent to comply with Compliance Notice and the Variation Waste Management Licence; and to file a detailed and comprehensive action plan with the Court that will address all non-compliances that have been identified by the Second Respondent.

3.    The First Respondent is directed to pay the costs of this application.

4.    Further and/or alternative relief.

Links to papers lodged with the Court:

1.    Notice of Motion and Applicant’s Founding Affidavit
https://www.sahrc.org.za/home/21/files/Notice%20of%20Motion%20&%20Applicants%20Founding%20Affidavit.pdf 

2.    First Respondent’s Answering Affidavit
https://www.sahrc.org.za/home/21/files/First%20Respondent%20Answering%20Affidavit.pdf 

3.    Second and Third Respondent’s Explanatory Affidavit
https://www.sahrc.org.za/home/21/files/Second%20and%20Third%20Respondents%20Explanatory%20Affidavit.pdf 

4.    Applicant’s Replying Affidavit and Draft Order
https://www.sahrc.org.za/home/21/files/Applicants%20Replying%20Affidavit.pdf 

5.    Rule 16A Notice
https://www.sahrc.org.za/home/21/files/Rule%2016A%20Notice_Case%20No%208407%2020P%20-%20New%20England%20Road%20Landfill%20Site%20.pdf

Ends

Prepared by the KwaZulu-Natal Provincial Office of the South African Human Rights Commission.

For queries, contact the SAHRC’s KZN Provincial Manager, Adv. Lloyd Lotz on 031 – 304 7323 / 0728407910 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.