The Midvaal Local Municipality has been fined for challenges it faces with the Walkerville landfill site.
Image: Thobile Mathonsi / Independent Newspapers
GAUTENG’s best performing municipality, the DA-run Midvaal, has been fined R5 million for failing to comply with the National Environmental Management Act (Nema) in one of its landfill sites.
According to the municipality, the R5m fine was issued after June 30 last year, which was the end of the 2023/24 financial year, for the Walkerville landfill site.
In disclosing the fine, the municipality noted that no events after the reporting date were identified by management that would affect the operations of the municipality or the results of those operations significantly, but it received a fine of R5m for non-compliance with the Nema.
”At year-end June 30, 2024, this fine was disclosed as a contingent liability as the municipality was contesting the fine through the courts. On October 31, 2024, council decided to pay the fine to speed up the possible issuing of licence for the Walkerville landfill site while proceeding to contest the fine legally,” read municipal documents on the matter.
The municipality wants the high court to review and set aside the department’s decision, and challenge the rationality of the issuing of the fine.
Additionally, the high court should review and set aside the decision to issue the R5m administrative fine and/or reduce it to R1m or less payable at a date to be agreed.
The municipality said this decision triggered an adjusting subsequent event, and the R5m fine was removed from contingent liability, and a provision was raised and operating expenses were increased.
”As per council resolution dated October 31, 2024, despite resolving to pay the fine, council resolved to proceed to instruct its advocates to compel the Gauteng Department of Agriculture, Rural Development and Environment to supply the full record of decision in terms of record 53 and request an urgent decision with regard to the issuing of the Walkerville landfill licence,” the municipality stated.
The Walkerville landfill site has a remaining useful capacity of about nine years and the municipality has applied for its licensing to bring it in compliance with new waste regulations and to extend the airspace available.
It has also submitted an application to the provincial Agriculture, Rural Development and Environment Department for the development of Walkerville landfill site's second cell.
”The submission for review and approval of design documentation and detailed drawings for the construction of a new landfill waste cell at Walkerville landfill site were submitted by Ditlou Consulting on October 12, 2021,” the documents explained.
In addition, detailed design report and design drawings as well as a construction quality assurance plan and the Walkerville Licence issued by the department in September 2013, were included in the request for review.
However, the municipality also indicated that although the application for the development of the second cell was submitted to the department in 2021, due to the legal review in the high court, the application cannot be concluded.
The Midvaal Local Municipality did not respond to requests for comment this week.
loyiso.sidimba@inl.co.za