Date: 12/01/2004
Source: Department of Environmental Affairs and Tourism
Title: First pollution arrest in South Africa
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FIRST EVER POLLUTION ARREST CONDUCTED IN EAST LONDON
Arrest marks a victory for environmental justice in SA
In a landmark environmental law case led by the Department of Environmental Affairs and Tourism (DEAT), department officials together with East London police have this afternoon (Monday, 12 January 2004) arrested an estate owner who has been illegally dumping hazardous waste on his property and potentially exposing surrounding communities to serious health risks. This marks the first ever pollution-related arrest in South Africa.
The arrest was conducted at 15h00 today where Mr Daryl Tucker, one of the three trustees of the Mandara Trust Estate in Gonubie Bay, East London, was charged with defeating the ends of justice. This was after it was discovered that evidence collected by the department on the site in September last year for use during legal proceedings, had been tampered with.
DEAT received a tip-off on the toxic waste site from the Department of Water Affairs and Forestry and immediately launched an investigation. A team of experts comprising the Department of Environmental Affairs and Tourism, South African Police Service (SAPS), Department of Water Affairs and Forestry, the Geoscience Council and specialist hazardous waste contractors uncovered:
- Large quantities of bubbling liquid toxic waste stored in 20 litre drums and buried beneath the surface of the farm,
- Numerous scrap drums filled with liquid toxic waste standing on rotten pellets at various sections of the farm,
- General waste dumped in large quantities on surrounding areas.
There was evidence of aromatic substances that may be carcinogenic, i.e. substances that could cause cancer if ingested. It was further obvious that there had been gross pollution of the soil and groundwater in the surrounding area.
Samples of this evidence were taken in the presence of the SAPS and approximately 40 people in and around Gonubie Bay were interviewed. Although Mr Tucker was advised by the SAPS that his property was cordoned off as a crime scene and warned not to interfere with evidence, an investigation officer assigned to the case discovered on 6 January 2004 that the Tuckers were burning the general waste on the property and concealing it with vegetation in an attempt to dispose of it.
The department takes the case in a very serious light as illegal dumping of hazardous waste has very serious health implications for surrounding communities and tampering with evidence demonstrates a disregard for the law. It further recognises that this is one of many cases and is intent on bringing other offenders to book.
The department further appeals to all South Africans who are aware of any illegal hazardous waste activities to come forward and expose this unacceptable practice by calling our tip-off line: 0800 116 110.
Enquiries: Phindile Makwakwa
082 850 9559, (012) 310-3401, (021) 465-7240
Issued by: Department of Environmental Affairs and Tourism
12 January 2004
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