Rietfontein Agricultural Holdings, Pretoria East, standing together for action against environmental unlawful acts in our community and neighboring areas and supply of clean water.

To:                                                                                                       The Office of the Executive Mayor                                                                                                  Cllr Cilliers Brink                                                                                                 celliersb@da.org.za From: Rietfontein AH Residence And Neighbours. (See signed list attached) with this d10 page document. Regarding an Environmental hazard and some critical issues in our community.   Dear Mr Brink We address the matter to you as the mayor to act from your office side against the illegal landfill site. We the undersigned residents of Rietfontein AH, and neighbouring communities write to express our deep concern and urgency regarding several critical issues in our community.  Rietvlei Nature Reserve belongs to the City of Tshwane and came into existence as a water scheme to supply drinking water to Tshwane. Rietvlei Nature Reserve, therefore, a big nature reserve in an urban setting and covers about 4 000 ha. It has been a conservation area since 1929. The Rietvlei eco system is stated as critically endangered. Rietvlei Nature Reserve protects water systems, an endangered vegetation type and endangered plants, animals, and birds. Rietvlei Nature Reserve consists of mainly grassland and wetlands. Where does Rietvlei Dam get its water from? The dam is fed by the Rietvlei, a river of the Crocodile River (Limpopo) basin, as well as by five fountains and five boreholes. Which is underground water, that I would explain.  The Rietvlei Nature Reserve occupies the area immediately surrounding the dam. The area in dispute is the area next to the Rietvlei dam. The Rietvlei dam was built in 1934 on the Six Mile Spruit. Mostly open grassland covering low hills with indigenous trees in small groups. Rare for South Africa, it also contains a peat wetland area. An ancient lava stream runs north/south through the park. The dams are fed by the “Six Mile Spruit” and four natural fountains on the reserve as well as one from an adjacent property.  Name: Rietvlei Nature Reserve topographic map, elevation, terrain. Location: Rietvlei Nature Reserve, Tshwane Ward 91, City of Tshwane Metropolitan Municipality, Gauteng, 0072, South Africa (-25.93673 28.26028 -25.84742 28.32590) Average elevation: 1,519 m Minimum elevation: 1,445 m Maximum elevation: 1,600 m The reserve is wedged between the R21 highway (OR Tambo Airport highway) on the western side and the R50 (Delmas-Bapsfontein) road on the north-east. The mean elevation above sea level is approximately 1,525 meters, with the highest point at 1,542 m and the lowest at 1,473 m, the dam’s outflow in Six Mile Spruit.  This letter is from the neighbours of Rietvlei, located directly to the hills to the south of Rietvlei. Groundwater, defined as the water from rain or other precipitation that soaks into the ground and moves downward to fill cracks and other openings in soils and rocks, is an essential resource of great social, environmental, and economic importance.    It accounts for 97% of the world’s freshwater and serves as the base flow for all streams, springs, and rivers.  The aquifer systems of South Africa represent important water resources that are relied on by many. Water users include the ecology (wetland areas around springs and surface water flow originating from the groundwater), urban and rural dwellers, irrigation and livestock farmers, industry, and mining. Traditionally water resources management has been practised with a surface water focus and limited groundwater understanding and this has not changed significantly since the introduction of IWRM.  Overcoming this major (world-wide) hurdle to the sustainable utilization of a crucial part of water resources is seen as a global challenge. The Groundwater Dictionary have attempted to erase the ignorance that existed in the early years of groundwater science by presenting the most current knowledge on the subject as provided by authors.  Alluvial aquifers can store and transmit groundwater and can therefore be developed as a source of water. These aquifers are normally shallow and susceptible to contamination. Stormflow and baseflow are non-process related terms to signify high amplitude low frequency flow in a river during and immediately after a precipitation event and low amplitude high frequency flow in a river during dry or fair-weather periods.  Baseflow is not a measure of the volume of groundwater discharged into a river or wetland, but it is recognised that groundwater contributes to the baseflow component of river flow.  The term groundwater contribution to baseflow should be used. (Act No. 108 of 1997) Description:  The National Water Act refers to this as a 'basic human need', therefore we will call it our basic human right.  This is the least amount of water required to satisfy basic water requirements and is currently set at 25 l/p/d.  Why does a basic water supply important? The Constitution of South African recognises the right of everyone to have access to sufficient food and water. Fundamental objectives of managing South African water resources include achieving equitable access to water, sustainable use of water and efficient and effective water protection. Water cannot get in contact with toxic waste, as it will not clean it but will carry it.  The objective is to have access to clean water. Not polluted water that needs to be cooked, which is unhealthy.  National Water act 36 of 1998 Section 19 prevention and remedying effects of pollution. We believe to prevent rather than remedy, for the protection of water resources. The previous custodian was DWS department of water and Sanitation, who was here in the area and should know how quickly a Cholera outbreak can happen in these conditions.  Two years and no action plan are brought to the table. National Water act 36 of 1998 Section 19(1) & (2) to ensure the person caused pollution of water resources to take reasonable measures to prevent any such pollution from occurring or reoccurring and measures include: a) Cease, modify, or control any act "causing the pollution" b) comply with any prescribed waste standard or management practice, this is what our water act ask of our governing body.  We had squatters (illegal settlers) move into our area.  They do not understand the risk they are putting themselves in.  Yes, there is also risk for us but also for a larger part of Tshwane as 15 % of Tshwane`s water is from the Rietfontein dam.  The dam was bought by the government to procure the water for the city.  6% of the dam’s water is for the city and the 9% left is from the underground water, moved to other areas like Mamelodi. That is 15 % in total of water from this area to other in the City. The law changed in 2008 that people are not allowed to live on Municipal dumping sites.  As you know the Municipality has been struggling with the landfill sites and keeping the communities off.  Act 59 of 2008 was established to keep the people safe, as they still do not know why the act was established.  It is a growing concern for us seeing the land, that has been occupied, by illegal settlers’ that does not understand the basics of health, the environment, including the soil, air, water or their neighbours. These people thought of making a new landfill site.  This is their income stream, and you know how aggressively these landfill operators are.  They do not know that they must apply for a licence to do so.  The National Waste Management strategy includes the risks there is pertaining to certain areas, like this area, the neighbour of Rietfontein the nature reserve, with natural wetland and underground water feeding the dam.  It is our concern that the illegal settlers do not care if toxic material is being disposed of on the illegal dumping site.  It is a risk to them and 15% of the city and naturally of us.  For them it is a form of income, they charge every truck dumping.  We even have people from Moreletta and neighbouring areas coming here to dump their rubble and household refuge as they are too afraid to go to Mamelodi landfill site.  According to National Water act 36 of 1998 we must protect our water resources and section 19 revers to the remedying effects of pollution.  In this case you as our Municipality should get remedying measures in place.  We cannot allow our water resources to be polluted if we get to that point where it is already too late. As (2) two of the areas belong to a landlord, one that cannot be found due to Municipal documents that is not properly completed and the other in jail according to a worker (Ismael).  We need the municipality to stand in as custodian to the City and save our water supply as per our constitution. We are all using bore holes for our living water, we do not have any other form of water being supplied by the municipality.  If the water would have been supplied by the municipality, it would have come from the Rietfontein Dam and the main concern is the quality of the underground water and the neighbouring dam’s quality due to pollution from this illegal landfill that is being allowed by the governing bodies who knows about this. The area, where the illegal damping site is, is on an elevated part and has a natural curve providing a down run for water.  This brings the under-groundwater quality in a direct threat.   Mr Brink you know the cost of remedying an environmental disaster like this.  We would not stand for what has been happening, it has been reported to the SAP(S) at Boschkop, the latter has been informed numerous times and nothing has stopped. We do not want to even think that the SAP(s) is receiving bribes, we would think that as this is not a criminal matter, they do not know how to respond. That is why we need your department to action this disaster that is happening.  This area has a large under-ground water system, and all landowners use bore holes to get access to (clean) water.  We demand this water to stay clean and not get polluted. We would like all the rubbish to be removed from the different premises and we would like the area to be left in the state it was before they settled in. We have 3 spots that is being occupied by illegal settlers and used to contaminate our underground water including the 15% of water used for the city. Please see the illustration on the bottom page of the area and the 3 spots that is an issue. The first spot is on portion 61 and 67, the landlord cannot be traced due to insufficient information on the municipal documents. The second is portion 25.  The landlord has disappeared.  He placed a worker by the name of Ismael in charge. The 3rd portion is 1090, the next-door neighbour (1089) is also allowing these people to stay on as they pay him R800-00 per month according to some ladies staying there.  He opens water for them once a week, from his borehole.  Most of the people staying here is illegal Zimbabweans, and we need them removed and send back to Zimbabwe, with immediate effect as they do not have toilets and the outbreak of Cholera, e coli and other diseases is too much of a threat. As you can see it is not only one portion of land but 3 that is under threat but only on 61 and 67 is the illegal landfill site. This leaves hygiene to an accumulative problem.  None of these 3 portions has running water or toilets, making this a growing concern for the breakout of Cholera, which spread thru contaminated water due to human faeces, that is everywhere in the bushes.  We understand that according to National Environmental Management Act 107 of 1998 (Nema) and according to a judgement case on,18 June 2020 that constitute squatters to occupy land due to their basic human right to live and we embrace that but see the impact on our water supply, soil, and people`s health to be an issue.  The water contamination is the worse.  But this act 107 of 1998 also covers our basis right to clean water, a peaceful, healthy community that we have paid a considerable amount of money to stay in. We have been experiencing a high crime rate and nothing happens when we report it to the SAP(S). We urge the Municipality to find a place for these illegal people, knowing there is place in Mamelodi, but they said, it is too far from where they work.  I asked where they come from, if they are illegal, but said they are from Mamelodi, but do not want to stay there as it is too far from work.  We truly understand their problem, but sound like they had a place to stay.  Our first choice would be for you to move them to Mamelodi.  We also regret the fact that we cannot accommodate people who do not respect our rights to clean water, healthy environment, and healthy soil, with no noise and no pollution in this amount.  But we trust in you as our municipality to see if you can find them an open spot where the under-ground water cannot be contaminated, maybe more to the Centurion side, or maybe more toward the area where there is NO underground water.  We would ask to move the illegal settlers back to Mamelodi but there are people staying there that is from neighbouring countries like Zimbabwe.  I know a few ladies staying here, that do not have papers.  Understanding and trusting that the Municipality will also deport them all back to Zimbabwe.  They are on portion 1090 mostly and portion 61 and 67.  It is not inhumane or unhuman to move them as they hold a thread to a bigger part of society than they are.  We cannot allow people to make decisions which is harmful to others and can cause others to get ill and entire community to lose clean water, and healthy soil, wetlands and have illegal operations. The current residence of Rietfontein agricultural holdings and neighbours decided on staying here outside the city as we do not like the noise and business of the city.  We are a peaceful community that likes to help each other, and the environment.  Currently we found ourselves with loud noise from the new illegal neighbours.  According to regulation 9 of the noise control regulations of Gauteng 1999 from the Provincial Gazette 75 of August 1999 a “noise “is defined as a nuisance as any sound which disturbs or impairs or may disturb or impair the convince or piece of a person. It is not nice to hear the extremely loud noise in the form of music, weekend after weekend and even sometimes during the week.  Take into consideration the nature reserve is next to us, we intended a peaceful quiet life, and it is now invaded by the informal settlers residing next to us, making disrespectful loud noise with radios all night long.  Section 24 Act 108 Of 1996 states that everyone, even us, that is legally staying here, has the right to an environment which is not harmful to their health or well-being. The National environmental management act on Air quality Act 39 of 2004 states we have the right to clean air.  Air pollution can also negatively impact the body’s ability to cope with other illnesses. For instance, A recent editorial has shown that air pollution alters respiratory defence mechanisms and increases co-morbid noncommunicable diseases that both worsen the severity of COVID-19. COVID-19 has significant impacts on mental health, increasing the risk of depression, anxiety, and post-traumatic stress disorders.  Chronic obstructive pulmonary disease, type-2 diabetes, and ischemic heart disease have also been attributed to air pollution associated with burning fossil fuels. Moreover, air pollution significantly increases the risk of depressive reactions for people living with pre-existing diabetes, asthma, or cardiovascular disease. The informal settlers burn the rubbish weekly, which is a terrible smell, but also illegal due to the risk of fire and the area has fire laws, times where we are not allowed to burn, but the air pollution is more detrimental to our lungs and health.   The air pollution going into people’s houses is something that must stop immediately.  We cannot allow some people a right to do things that is negative to others and expect it to be fair.  We have people that need to leave their houses because they cannot breathe in it when the rubbish is burned. Our health is at risk, due to the plastic that is burned.  You have a huge task here on your hands to help the departments to remedy this and we would like weekly updates on what is happening by which department.  You may use my email for formal communication, and I will relay it back to the entire community.  We have a representative cllr Henning Viljoen, from our democratic alliance who had the different departments out here, but with no, feedback.  Someone that is not from this area can not understand or comprehend the vastness of this ecological disaster that is about to happen in the area.  We need your support and help to determine who the owners/landlords of these portions are. Attache in the last page please find the deed documentation for the portions implicated. Portion 25, 61, 67 and 1090. The information on the municipal documents, that we have access to is incomplete, would you please determine thru an investigation in your office who the landlords is and if they are still alive.  We would like to provide you with 3 weeks to retrieve this information and reply on it.  We would also like to hear from you if they are diseased who they are to determine next of kin, and that information. Then we need to know, how you, as a municipality will be able to take over the land to resell it again, with the intention of remedying the area, and remove the current unlawful settlers as this is an environmental disaster that is threatening the area, and 15% of the city with cholera, and contaminated polluted water, air, soil and noise. We also would like to know when you will act on the illegal Zimbabweans living on portion 1090.  We need feedback on this in 3 weeks’ time.  They need to be deported, please action the departments that needs to regulate this and inform them how to go about in getting this done. All that has signed this document has agreed to, we do not allow a landfill site in this area due to the nature of the area and the underground water and environmental and ecological problems that can arise from it.  We need feedback from your office in stating if you agree to the fact that this area will not be used as a landfill site. This reply should be in two weeks from now. We will go to court on this if need be.  We also would like to know when will these illegal settlers be removed from this area and resettled in Mamelodi from where they are.  We understand they work for the rich people in neighbouring estates, and if they cannot be accommodated in those estates, they should be resettled in Mamelodi. If Cholera or any other form of an environmental disaster spread the Municipality would be held responsible as this has been addressed by our representative cllr Henning Viljoen, from the DA who has evidence of the meetings he had with different state departments regarding this area.  We have not had feedback, but as from today, we will receive two weekly feedback from your office regarding this.  The following governance bodies will also be held responsible, and we need feedback from them as they are the governing bodies and 2 years after the report of this problem no feedback has been received. Regulator: Department of Environmental Affairs (DEA), Regulator: Department of Mineral Resources (DMR), Regulator: Department of Water and Sanitation. The National Water act 36 of 1998 protects this area and 15% of the city, from illegal operations and the governing bodies not doing their part. Everyone has the right to an environment which is not harmful to their health or well-being section 24 Act 108 Of 1996.  On this point there is also an illegal shebeen that has been reported but not stopped. The area must be cleaned by the municipality. The problem was reported to cllr Henning Viljoen, and the SAP(S) placing the onus on the governing bodies.  Landowner notice had to be served. The responsible governing body had to already apply for the information of the previous landowners and who would be responsible. The risk of toxic waste and a cholera or e-coli outbreak in this area is too high, to only leave the matter, that has been opened by the settlers as a landfill site.  Contamination of land and soil, high risk activities in terms of section 72 and 73, but there are cases where the government and or municipality is responsible as the landowners cannot be found, and the risk of environmental disaster is too high. We urge you to lead your team, laws broken under the following departments: National environmental management Waste Act 59 0f 2008 part 8 of the law om contaminated land, soil and waste. National environmental management Air quality Act 39 of 2004, National environmental Act Biodiversity Act 10 of 2004, National environmental management Protected areas Act 57 of 2003 where our wetland, water resources like the Rietvlei dam and the underground water is under threat. Section 24 G Deals with rectification. Section 33 of the NEMA act empowers private individuals and juristic persons to institute and conduct private prosecutions for offences under the act. We also lay this matter before you Cllr Cilliers Brink as a member of the Democratic Alliance, and urge the DA, to take this matter before the party.  To action and run it as part of your help to the community. The 15% of the city and us staying in the area.  All these laws and rights had been placed in the acts to protect us the land and environment, now we must see the government departments do their best to uphold this. We will not allow a few hundred people to settle illegal, opening illegal shebeens, operating illegal landfill sites, burn illegally their waste when we are not allowed to burn,  spreading disaster by contaminating our water sources like the next door dam, and under-ground water and the wetlands, also with no toilets the possibility of starting Cholera and e-coli outbreaks due to hygiene, and endangering children and animals with the landfill site and possible toxic waste.  We will not stand for this, and it must be remedied especially by the government as the landlords can not be traced. We give you 5 weeks to respond to how and when this will happen.  We are willing and able to take this matter further, I am appointed by everyone in the area, by ways of signing the document, to have a mandate to represent the matter and make sure our demands are adhered to.                         Portions by ways of a map:       Thank you for taking the time to read, we are awaiting your favourable reply. The Rietfontein Agricultural Holdings community, and all that feels this is important to them.  

Maryke Buys    Contact the author of the petition