Victory for residents of Pietermaritzburg
Anybody who lives in and around Pietermaritzburg knows the infamous New England Road Landfill, which on a regular basis rears its ugly head and spews toxic smoke into the air. For years the citizens of Pietermaritzburg have been crying out to the Msunduzi Municipality, who simply respond by sticking their heads in the sand and hoping the problem will resolve itself. Well, no longer!
The Pietermaritzburg High Court recently gave the Msunduzi Municipality 30 days to develop a plan of action to deal with the landfill. Importantly, not only did the Court find that the Municipality had contravened several environmental laws but that they had contravened Section 24 of the Constitution.
Section 24 of the Constitution is an often overlooked but vitally important part of the constitution. It guarantees every citizen the right to an environment that is not harmful to their health or wellbeing. Through his ruling Judge Seegobin has effectively put an end to the Municipality’s years of inaction and excuses. He commented that the Municipality “trying” was no answer to the environmental disaster nor did he accept the Municipality’s often used excuse, budgetary constraints.
This is an important victory for not only the citizens of Pietermaritzburg but the country as a whole. Judge Seegobin’s ruling has set an important precedent that confirms that Municipalities have a duty to protect the health of their residents. Budgetary constraints are no longer an excuse for inaction. How effective this judgement will be, and how seriously the Municipality take the judgement is yet to be seen but it is the first strike in the battle to protect the environment and the health of the citizens of Pietermaritzburg.
Experienced Contributor: Ian Patterson-Roberts
Email: Ian@prwattorneys.co.za
Should you require any further information please contact our team here