Durban - Johannes Joubert, 41, and Moosa Ali, 47, were each handed R20000 fines or two years’ imprisonment at KwaDukuza Magistrate’s Court on Friday for dumping leachate into the Mdlotane River for nearly three years.
The R20000 fine or two years’ imprisonment was in addition to receiving a R1million fine and four years’ imprisonment, wholly suspended for five years, provided they did not repeat the offences.
State prosecutor Yuri Gangai responded by applying immediately for leave to appeal the sentences handed down by Magistrate Veliswa Dube.
Gangai argued: “I mean no disrespect to your decision, but in my view and given the circumstances of the case, especially that the accused acted intentionally, the R20000 fine is a slap on the wrist.”
He also told the court that he managed to speak to people from the Department of Environmental Affairs (DEA) who also believed the sentence “hardly served as a deterrent”.
“The DEA’s ‘Green Scorpions’ costs to investigate this case was approximately R500000,” Gangai said.
It previously emerged in court that Joubert and Ali were former managers at a landfill site in New Guelderland, which is operated by Dolphin Coast Landfill Management (DCLM).
The site is said to be the largest high hazardous waste operation in the southern hemisphere.
Instead of dealing appropriately with the high volume of leachate generated at the site, Joubert and Ali undertook to channel the leachate into the river.
Leachate is liquid that is generated from waste material on landfill sites.
Pipes were connected to the dams at the landfill containing leachate, which was then pumped in its raw form into storm water drains that led to the river.
They agreed that they instructed employees under their supervision to dispose of the contaminated liquid into the environment.
Both claimed their dumping of leachate was a matter of following the instruction of a senior manager, and they received bonuses between R1000 and R2000, each time they leaked out leachate.
Therefore, they pleaded not guilty to all six charges.
The dumping of leachate was in breach of the National Environmental Management Act, the National Environmental Waste Management Act and the National Water Act.
On sentencing, Dube acknowledged that the applicable sentence for their crimes was a R10 million fine or 10 years’ imprisonment.
Dube said she was cognisant of what Grant Walters, a director in the DEA’s enforcement, environmental impact and pollution division, raised during his testimony.
“These crimes were committed with both of you knowing the impact it would have, and you instructed your junior staff to perform those acts and did nothing to remedy the situation even though you could see the harm.”
Albi Modise, the director of communications, said the DEA was disappointed with the sentences, especially since the accused intentionally discharged leachate into the watercourse.
“The environmental offences which the accused have been found guilty of are serious and with penalties ranging from R5million and/or five years imprisonment to R10million and/or 10 years imprisonment.
“For this reason, the DEA is encouraged by the decision that was taken by the prosecutor to appeal the sentence,” Modise said.
Dr Jeevren Reddy, a local community activist, said as a country we were very lenient when assessing the impact of pollution on our environment.
“This sentence gives people the understanding that we can do what we like and get away with it,” said Reddy.
Di Jones, a North Coast conservationist and a member of the DCLM’s monitoring committee, said she was aware of the leachate issue. “I’m upset about the contamination and it is hard to quantify the damage done, (on) the previous owner’s watch.”
Jean-Francois Moreau, the chief executive of DCLM, which was bought by the Veolia group in August, said it was policy not to comment on court matters.