Ward 81 Residents

Region E, Ward 81

City of Johannesburg, Gauteng

Date: 22 October 2025

To:

The Director: Johannesburg Metropolitan Police Department (JMPD)

The MMC: Environment and Infrastructure Services Department (EISD)

The Director: Department of Environmental Health

The Regional Director: Region E, City of Johannesburg

And all other relevant stakeholders

 

Subject:

FORMAL LETTER OF DEMAND FOR IMMEDIATE INTERVENTION AND REMEDIATION OF ILLEGAL DUMPING ON STANDS RE/16/36-IR, 8/114, 18/36-IR, 9/114, 10/114, AND 11/114, LOMBARDY EAST AND WEST, WARD 81

 

Dear Directors and Honorable MMC,

 

We, the undersigned residents of Ward 81, Region E, supported by the Office of the Ward Councilor, hereby submit this formal letter of demand and petition to your offices regarding the continued and unlawful dumping of rubble and waste materials on the above-mentioned stands — a matter that has persisted for over two years despite numerous reports to the Johannesburg Metropolitan Police Department (JMPD), the Department of Environmental Health, and the Ward Councilor's Office.

 

The illegal dumping activity has escalated into what is now effectively an unofficial landfill, with the waste now encroaching dangerously close to the adjacent river system, thereby threatening both environmental and public health in direct contravention of several pieces of national and municipal legislation.

 
1. Legal and Regulatory Violations
The ongoing dumping constitutes violations of multiple statutes and municipal by-laws, including but not limited to:

The National Environmental Management Act (Act 107 of 1998) — particularly Sections 28(1) and (2), which impose a duty of care on any person or authority responsible for causing, or failing to prevent, environmental degradation, including pollution and ecological damage.
The National Environmental Management: Waste Act (Act 59 of 2008) — Section 26(1) prohibits any person from disposing of waste in a manner that is likely to cause pollution or harm to health or the environment.
The City of Johannesburg Waste Management By-laws (2013) — specifically Chapter 3, Section 13, which prohibits the disposal of waste except at an authorized waste handling facility.
The National Water Act (Act 36 of 1998) — as the runoff from the illegal dumpsite now pollutes nearby water resources, contravening Section 19(1), which mandates prevention and remediation of water pollution.
These statutes collectively impose an obligation on both the perpetrators and the City of Johannesburg as the local authority to ensure the removal of such waste and to rehabilitate the affected land.

 
2. Environmental and Community Risks
The environmental and health implications are severe and escalating. These include:

Contamination of surface and groundwater due to leachate runoff.
Increased risk of mosquito breeding and rodent infestation, posing direct public health risks.
Airborne dust and particulate matter affecting nearby households.
Reduction in property values and deterioration of neighborhood safety and aesthetics.
Violation of residents’ constitutional right under Section 24 of the Constitution of the Republic of South Africa, which guarantees every person the right to an environment that is not harmful to their health or well-being.
 
3. History of Reporting and Non-Compliance
This matter has been repeatedly reported to:

The Ward Councilor's Office (various complaints since ±2023),
The JMPD (multiple logged complaints and inspections), and
The Department of Environmental Health, without any meaningful enforcement or cleanup intervention to date.
Despite these reports, the situation continues to deteriorate, and the lack of municipal enforcement constitutes administrative inaction and a dereliction of statutory duty.

 
4. Demands
The residents of Ward 81 therefore demand that the City of Johannesburg and the relevant departments take the following actions within 14 (fourteen) days of receipt of this letter:

Conduct an immediate inspection and cease all illegal dumping activities on the affected sites.
Undertake a full removal of all illegally dumped rubble and waste materials.
Initiate a rehabilitation plan for the affected land and adjacent river area.
Implement permanent enforcement measures, including fencing, signage, surveillance, and JMPD patrols.
Provide written confirmation of the City’s intended actions, including timelines and responsible officials.
 
5. Notice of Legal Action
Should the City and its departments fail to act within the stipulated timeframe, the residents of Ward 81, in collaboration with legal counsel and civil society partners, will pursue a class action lawsuit against the City of Johannesburg. This will include:

A demand for the immediate removal of all illegally dumped materials,
A court order compelling compliance with environmental legislation, and
A claim for costs and damages incurred by the community in pursuit of this matter, including legal and environmental rehabilitation expenses.
This action will be taken under the provisions of Section 38 of the Constitution, which empowers communities to seek redress where rights have been violated.

 
6. Conclusion
The residents of Ward 81 have demonstrated patience, civic responsibility, and due process for over two years. However, the persistent neglect of this issue now requires urgent and decisive intervention. We therefore call upon your offices to uphold your statutory and moral obligations to protect the environment, enforce compliance, and restore safety and dignity to our community.

We look forward to your urgent written response.

 

Yours faithfully,

 Theophilus Kgotso Lengwati

 On behalf of the Residents of Ward 81, Region E

 Supported by: Cllr Joanne Horwitz, Ward 81

 Contact Email: lengwatit@gmail.com

 Contact Number: 0790970906