Joburg’s waste by-laws and the consequences of non-compliance

Residents of the City are urged to comply with waste by-laws to achieve and sustain a clean and healthy environment.

Apart from contributing to environmental degradation and an unsightly City, littering and illegal dumping have serious financial implications because Pikitup is spending millions of rands annually to eradicate illegally dumped waste.

Despite the constant eradication of illegal dumping sites, they always resurface. It is against this background that residents are urged to respect and adhere to the waste by-laws to ensure a cleaner Joburg.

A big problem has at its source little violations that people think are inconsequential acts that lead to bigger problems. Littering is one such conduct that people undertake without realising its long-term adverse effects. Littering is the forbearer of illegal dumping.

All major cities the world over have by-laws designed specifically to deal with littering and the City of Johannesburg is no exception.

The City of Johannesburg’s by-laws against littering and illegal dumping maintain that no person may:

• Cause litter;

• Sweep any waste into a gutter, onto a road reserve or onto any other public place.

• No person may dump waste.

• Disturb anything in, or remove anything from any receptacle which has been placed for the purposes of collecting litter in such a manner as to cause any of the contents of the receptacle to spill from it.

• Allow any person under his or her control to do any of the acts referred to above.
The above by-laws relate to public spaces. However, their application is not only restricted to such areas.

Privately owned land

The above also applies to privately owned land where the public has access to such land.

The waste by-laws also enjoin the private landowner to ensure that their land, which people has access to, is kept free of litter and not used as a waste dump site by doing the following among others:

• The owner in the case of a privately owned land to which the public has access must, within a reasonable time after any litter has been discarded, dumped or left behind, remove such litter or cause it to be removed from the premises concerned to prevent the litter from becoming a nuisance; and

• The owner of private land to which the public has access must ensure that sufficient containers are provided to contain litter which is discarded by members of the public on his land.

Illegal dumping

The waste by-laws also impose a duty on private landowners to prevent illegal dumping by among others doing the following:

• The owner or occupier of any land or building must take reasonable measures to prevent such land or building from being used for dumping and to clean up all waste dumped on or at the land or building.

• Fencing-off the land or building.

• Security measures to monitor and enforce anti-dumping measures on the land or building.

The City’s waste by-laws are clear and make it an offence to litter and dump waste illegally. People found to be in contravention of the by-laws are liable to a conviction and a fine.

In the event that the convicted person does not pay the fine, such a person will be imprisoned for a period not exceeding six months.

It should also be noted that a court may in addition to any penalty imposed order the offender to repair the damage, make good the loss, rehabilitate the environment or determine payments to be made with respect to the damage caused on the environment.

Issued by the City of Joburg