05/09/2022
Illegal dumping and littering will cost you
https://showme.co.za/pretoria/news/the-city-of-tshwane-to-take-action-against-illegal-dumping/
What is dumping and why is it illegal?
Illegal dumping is the discarding of any waste, whether it is oil, furniture, appliances, trash, litter or landscaping cuttings, etc., upon any public right-of-way, City property or PRIVATE PROPERTY, without consent of the owner.
“We want to warn our residents and business owners that illegal dumping is a contravention of our Waste Management By-Law. Section 48 of the Waste Management By-Law clearly states that any person who is convicted of an offence under this By-Law, may face a maximum of three years imprisonment or R60-thousand fine or both as may be determined by our Municipal Courts in accordance with the Adjustment of Fines Act, 1991 (Act 101 of 1991),”
“law enforcement officer” means a law enforcement officer appointed as such by the Municipality as a peace officer in terms of section 334 of the Criminal Procedure Act, 1977 (Act 51 of 1977); “metro police officer” means an officer as defined in section 64F and 64G of the South African Police Service Act, 1995 (Act No 68 of 1995), as amended; “municipality” means the City of Tshwane Metropolitan Municipality established by General Notice 6770 in Provincial Gazette Extraordinary 141 of 1 October 2000 in terms of the provisions of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), and promulgated in terms of Section 12(1) of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998) as amended, and its successors in law as amended from time to time and/or title and/or its assigns, and “City” and “municipal” has a corresponding meaning and includes those persons authorised in terms of the Municipality’s policies to exercise any of the powers of these By-laws;
The City also urges the community to be extra vigilant with illegal dumpers and report them to the City’s Call Centre number: 012 358 9999 to assist us to catch these people who are polluting our communities and effectively forcing the City to spend millions of rand each year to clean up their dirty deeds.
• https://showme.co.za/pretoria/news/the-city-of-tshwane-to-take-action-against-illegal-dumping/
•https://www.tshwane.gov.za/sites/business/Bylaws/Promulgated%20ByLaws%20Documents/Waste%20Mangement%20By-law%20Amendment_08%20July%202016_final%20(003).pdf
Strict measures are in place to stop dumping of rubble and other waste. If found guilty, repeat offenders could have their vehicles forfeited, receive fines and impoundment fees of up to R22 400
Dumping yard waste becomes illegal if the person discards the said waste on private or public land when it is not permitted.
"domestic waste" means waste generated on premises used solely for residential purposes and purposes of public worship, including halls or other buildings used for religious purposes, but does not include commercial business waste or general business waste or organic waste;
"dump" means to dispose of waste in any manner other than one permitted by law and includes, without derogating from the generality of the aforegoing, to deposit, discharge, spill or release waste, whether or not the waste is in a container, in or at any place whatsoever whether publicly or privately owned including but not limited to vacant land, rivers, waterways, catchments, and sewage and storm water systems but excludes littering;
"environment" has the meaning assigned to it in section 1 of the National Environmental Management Act, 1998 (Act No. 107 of 1998);
"environmental emergency" means any unexpected or sudden occurrence resulting from any act or omission relating to waste leading to serious danger to the public or potentially serious pollution of or damage to the environment, whether immediate or delayed;
"event" means sporting, entertainment, recreational, religious, cultural, exhibitional, organisational or similar activities hosted at a venue or along a route or within their respective precincts at which more than 2000 people are expected to attend or participate;
"event waste" means waste that originates from an event held within the Council's jurisdiction;
"Waste Act" means the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008);
Prohibition of littering
No person may – cause litter;
CHAPTER 8 LITTERING, WASTE MANAGEMENT IN FUNCTIONS AND EVENTS DUMPING AND ABANDONING OF WASTE AND WASTE MATERIAL
22. Littering
(1) A person may not –
21 (a) throw, drop, deposit, spill or in any other way dispose of any waste or waste material in or on any public place or premises, except into a container provided for that purpose or at a disposal site controlled by the Municipality;
(b) allow any other person under his or her control to commit any of the acts contemplated in paragraph (a) above, and, for the purpose of this subsection, employers or principals are liable for the acts of their employees or agents, provided that where vicarious liability is incurred such employer or principal may be prosecuted as if he or she personally committed the transgression.
What is the fine for littering in SA?
Under the city's Anti-littering and Dumping Campaign, first-time offenders face fines of up to R8,700 with those breaking the law for the third time receiving a fine of R17,400
CHAPTER 13 REPEAL OF BYLAWS AND SHORT TITLE
50. Repeal of by-laws (1) The City of Tshwane Metropolitan Municipality’s Solid Waste By-law published in the Provincial Gazette Extraordinary No. 209 of 25 May 2005 under Local Authority Notice 1091 is hereby repealed and substituted by this by-law which will apply in the area of jurisdiction of the Municipality.
This by-law substitutes any other by-laws on the management and control of solid waste which were previously in force within the area of jurisdiction of the Municipality.
(2) This by-law will supersede any other by-laws which may have been applicable, if not for this provision, within the said area of jurisdiction.
51. Short title This by-law is called the City of Tshwane Waste Management Bylaw, 2016 and shall come into operation on the date of publication thereof in the Provincial Gazette.
PRIVATE PROPERTY
Section 25(1) of the Constitution recognises and protects South Africans’ property rights. This should be read with section 18 of the Constitution, which recognises and protects South Africans’ freedom of association. Right of admission, within this context, means that owners of property may exclude whoever they wish from their property, for whatever reason, because they have a right to their property and freedom of association.
New laws to deal with trespassers on PRIVATE PROPERTY in South Africa
https://businesstech.co.za/news/government/616985/new-laws-to-deal-with-trespassers-on-private-property-in-south-africa/
SIX WAYS TO PREVENT PUBLIC LITTERING ON PRIVATE PROPERTY
Talk to the person directly or forward the person an e-mail or a WhatsApp
Call the POLICE and rapport illegal dumping
Put up security cameras or take photo evidence that can show the police when you report illegal dumping – keep the pamphlet or flyer as evidence.
Put up and sign that says “PRIVATE PROPERTY”
Put up a fence to prevent people from dumping onto your “PRIVATE PROPERTY”
