Clare Estate is fighting against illegal dumping at the Sydenham Quarry.
Image: SUPPLIED
THE Clare Estate Ratepayers Association (Cera) faces a setback as the Durban High Court dismisses their urgent application to stop the South African National Roads Agency (Sanral) from dumping spoil material in Sydenham Quarry, raising serious concerns about environmental safety and community health.
Spoils are excavated earth materials moved during construction activities, often considered waste or excess, requiring proper management and disposal.
The application against Sanral was struck off the court roll in the Durban High Court last week after the court found that there was a “lack of urgency” in the matter.
The dumping at the quarry has allegedly led to health issues among residents who live nearby.
Kavir Boodoo, chairperson of the Cera, said the urgent application was brought after residents observed ongoing dumping at the quarry for years.
“The association believes that Sanral was not authorised for the disposal of spoil material. The community has raised significant concerns regarding the potential environmental impact, public safety risks, and the apparent lack of proper regulatory compliance associated with the dumping.
“We are disappointed that the court struck the application from the urgent roll on the basis that it did not meet the legal threshold for urgency. Importantly, the court did not determine the merits of the case, nor did it make any finding that Sanral is permitted to dump spoil material at the site,” added Boodoo.
He said the concerns of the residents and the association remained serious and unresolved.
“We are currently consulting with our legal representatives to determine the next course of action, including pursuing the matter through the normal court process and engaging with the relevant regulatory authorities.
“Residents have expressed frustration that a state entity tasked with building national infrastructure may be operating in a manner that appears to disregard community concerns and established environmental processes.
Images of trucks dumping rubble were captured by concerned residents.
Image: Supplied
"The court’s decision was based purely on urgency and not on the substance of the case. The fundamental question of under what authority is Sanral dumping spoil material at the quarry, remains,” he added.
Boodoo said the community could not stand by while activities that might have environmental and safety implications, continued without proper transparency and compliance.
He said Sanral, as a public entity, had a responsibility to operate within the law and to engage openly with the communities affected by its projects.
“The residents of Clare Estate deserve clear answers. We will continue to pursue every lawful avenue available to ensure that the rule of law, environmental safeguards, and the rights of our community are respected.
“We call on Sanral and the relevant authorities to immediately stop the dumping, because dumping in a waterbody is a prohibited activity under the Waste Act, and to engage meaningfully with the community.
“We will remain committed to protecting the interests, safety and environmental well-being of Clare Estate residents, and will keep the public informed as further developments arise,” Boodoo added.
Advocate Kuben Samie, the legal representative of the Cera, said it was an “unfortunate outcome”.
He said despite them exercising their “fundamental right under the Constitution”, the court had called him to explain why he should not be liable for legal costs in his personal capacity.
“The KZN Department of Economic Development, Tourism and Environmental Affairs is the mandated environmental authority that can stop Sanral and its contractors from dumping waste/spoil into the quarry, which is a waterbody.
“It has now emerged that Sanral and its contractors are claiming that the environmental authorisation they received for the N2/N3 upgrades authorises them to dump into the quarry.
“Sanral had claimed that they had been granted approval in the form of an e-mail from the national Department of Water and Sanitation to dump into the quarry, as it was a man-made quarry,” Samie said.
A community leader in Clare Estate, who did not want to be named, said residents were frustrated that their concerns about their health and the environment were not taken seriously.
“We now understand why our communities are falling apart. We are dissatisfied with the courts for not taking the community’s concerns seriously, and for allowing this to continue by not granting the urgent application.
“How is it that destroying our environment is not an urgent appeal. We are forced to live with a terrible stench which is causing health issues. Is that not urgent?
“Bird and marine life are being destroyed. The court is in fact allowing the dumping of rubbish, sand and rubble in a close-knit community
“We are losing the battle for a decent environment to live in. It seems our laws are protecting the perpetrators and not the community, and the perpetrators are getting away with their actions, and they will continue to dump. We cannot live like this,” the community leader said.
Resident Shirley Pillay, 72, said she thought that she would finally stop becoming sick due to the pollution, and stop dealing with flies and dust.
“I had hoped that the Cera would be able to put a stop to it, especially after advocate Samie had assisted.
“I am living in the area for 32 years. Since the dumping started about two years ago, I developed chest infections due to the stench and the dust.
“We are disappointed that we have to continue to deal with the dumping and its effects on our lives,” Pillay added.