Southern Cape police are investigating allegations that the Knysna Municipality failed “to comply with a request from an Environmental Management Inspector”.
This comes after Western Cape Local Government, Environmental Affairs and Development Planning MEC Anton Bredell said his department proceeded to lodge a criminal case against the Knysna Municipality for its “failure to adequately respond and implement plans to address the ongoing solid waste crisis in the town”.
“Laying criminal charges against a municipality is not something we take lightly or want to do, but the seriousness of the waste crisis in Knysna, coupled with the inadequate responses so far from the municipality, has led us to this state of affairs,” Bredell said.
The department had received complaints regarding alleged mismanagement of waste at Knysna Waste Transfer Station.
On October 2, 2023, the department said an initial inspection confirmed “the state of the facility and its non-compliance with environmental legislation”.
Notices were dispatched to the municipality to address the allegations and rectify the situation.
However, according to provincial authorities, despite the municipality’s pledge to comply through an action plan, subsequent inspections found persistent “mismanagement”.
On February 29 this year the department issued a directive and compliance notice, mandating specific actions to redress the non-compliance and “mitigate the impact of the waste”.
They added that although there had been “intermittent and partial compliance, the lack of sustained implementation is resulting in serious degradation and pollution to the environment and human well-being”, which resulted in them proceeding with the lodging a case against the municipality.
“We remain committed to the Support Plan and Diagnostic Assessment that was agreed on by the provincial government, Knysna Municipality, and the national government. Unfortunately, commitments not met elicit consequences, and in terms of the waste challenge, we have exhausted the administrative tools at our disposal,” Bredell said.
Southern Cape police spokesperson Christopher Spies confirmed a case was lodged at the Knysna police station on April 6, in terms of the National Environmental Management Act for “failure to comply with a request from an Environmental Management Inspector”.
“Investigation into the allegation is at its infancy stages. The docket will be sent to the National Prosecuting Authority upon conclusion of the police investigation for a decision to prosecute or otherwise,” said Spies.
Knysna municipal manager Op Sebola said they had yet to be informed about a case against the municipality. “In March, the council adopted a support plan compiled by the Western Cape provincial government. The document is based on a Diagnostic Analysis and Diagnostic Assessment Report compiled by the Western Cape Department of Local Government.
We also acknowledged having received directives in terms of the National Environmental Management Act, 1998 (NEMA), the latest being on 28 March 2024, to which the municipality responded on April 5”.
Cape Times