Province takes metro to court over land invasion, dumping near Hennops
The area has suffered significant environmental damage due to pollution and unregulated human settlements.
Metro spokesperson Lindela Mashigo confirmed that the metro had been served with court papers relating to the matter.
He emphasised that the city is fully aware of the situation and its implications for the environment, particularly the Hennops River.
Mashigo noted that the Tshwane metro's environmental management inspectors (Green Scorpions) had already taken steps by issuing a directive under Section 28 of the National Environmental Management Act (NEMA) to the Gauteng Department of Infrastructure Development (GDID).
GDID owns the land in question.
'NEMA Section 28 requires that every person who causes, has caused or may cause significant pollution or degradation of the environment must take reasonable measures to prevent such pollution or degradation from occurring, continuing or recurring,' he said.
He added that if the harm to the environment is authorised by law or cannot be reasonably avoided, the act still obliges those responsible to minimise and rectify such pollution or degradation.
Mashigo explained that this responsibility extends to any landowner, occupier or person with control or legal rights to the land or premises.
'In light of non-compliance with the directive, the matter has been handed over to the Gauteng Department of Environment for possible criminal prosecution.
The Tshwane Metro Police Department (TMPD) also continues to enforce municipal waste management by-laws in the area.'
To prevent similar environmental degradation in the future, Mashigo said the metro is engaging with the Johannesburg and Ekurhuleni metros to manage transboundary pollution.
'The city is in the process of identifying suitable properties to establish multipurpose waste sorting facilities to ensure that waste sorting activities are conducted in an environmentally compliant manner,' he added.
This legal action from the provincial government follows a sustained campaign by the DA, which has allegedly been pushing for government intervention since 2021.
In May, DA provincial spokesperson for Environmental Affairs, Leanne de Jager, announced that the party's long-standing advocacy had led to the Gauteng government initiating legal proceedings against the Tshwane metro.
'The illegal invaders are residing on the banks of the Hennops River, which has a severe environmental impact on the water system and air quality.
'They also dump refuse inside the river, exacerbating the problem,' she said.
De Jager emphasised that ensuring the Hennops River system remains free from illegal dumping is crucial for water quality, local air quality, and preventing soil contamination on provincial land.
She explained that the party had used multiple channels to address the issue over the past four years, including tabling questions in the Gauteng Provincial Legislature, submitting petitions, and engaging provincial departments to take action.
According to De Jager, the case will be heard in court on August 13.
'This case sets an important precedent, showing that community action backed by political leadership can result in meaningful environmental accountability,' she stated.
She added that a DA-led Gauteng government would prioritise the protection of provincial land and ensure that the Green Scorpions deliver on their mandate to monitor rivers and ensure they are free from pollution.
While the legal process plays out, broader efforts to address the pollution of the Hennops River system are already underway at a local level.
Last month, Tshwane Mayor Dr Nasiphi Moya announced that the metro had officially partnered with the Johannesburg and Ekurhuleni metros to tackle one of the Hennops River's most critical upstream pollution sources, the Kaalspruit River.
The Kaalspruit River originates in Ekurhuleni and flows through Johannesburg before merging with the Hennops River.
It has been identified as a key contributor to the pollution crisis affecting the entire river system.
Moya said the collaboration among the three metros was formalised during a joint meeting on May 26, which she described as a defining moment for her administration.
'For too long, we have been plagued by the declining state of the Hennops River and overwhelmed by a sense of helplessness because of our inability to address the upstream causes of pollution,' said Moya.
She explained that urbanisation, informal settlements near riverbanks, and the dumping of raw sewage and municipal waste have all contributed to the environmental collapse of the Kaalspruit and, by extension, Hennops.
'This river system is deteriorating fast. Illegal sand mining and sewer mining have also compounded the situation, leading to excessive erosion and the silting up of the entire system, all the way past the Hennops River and down to Hartbeespoort Dam,' she said.
'It is by overcoming the blame game that the three metros can accept that we are in this together and committed to doing whatever it takes to fix it.'
Moya said the agreement between the municipalities includes the establishment of an inter-metro multidisciplinary Kaalspruit Task Team, made up of senior officials from the respective metros.
This team will regularly report to the three mayors and align existing plans into a combined proposal with technical interventions and funding requirements.
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