Residents lay criminal charges against Theewaterskloof over illegal waste dump
Western Cape Department of Environmental Affairs says the municipality ignored a formal directive to remedy the situation
Add GroundUp on Google
John Carlile, deputy chairperson of the Botrivier Landgoed committee, is among a group of residents who laid criminal charges against Theewaterskloof municipality for allegedly contravening environmental laws for these waste containers near their homes. Photo: Rasaad Adams
A group of Botrivier residents have laid criminal charges against Theewaterskloof municipality which they say has contravened environmental laws.
This follows years of attempts to get the municipality to deal with a waste site consisting of two large shipping containers near their homes at the Botrivier Landgoed residential estate.
The Western Cape Department of Environmental Affairs and Development Planning has also referred the municipality to the sub-directorate for criminal investigations for failing to comply with the department’s directive to remedy pollution at the site.
The containers were originally intended as a drop-off site for building rubble and garden waste. The municipality was meant to collect the waste weekly and transport it to the Karwyderskraal landfill site about 7km outside Botrivier.
However, the residents say, over the years people have also used the site to dump household waste, and businesses to dispose of hazardous material.
The National Prosecuting Authority’s (NPA) Eric Ntabazalila confirmed to GroundUp that the police docket has been referred to the Director of Public Prosecutions (DPP) for a decision.
Meanwhile, John Carlile, deputy chairperson of the Botrivier Landgoed committee, said they raised their concerns with the Western Cape Department of Environmental Affairs and Development Planning in March 2014 but to no avail.
In January 2023, a municipal delegation met residents and gave a written undertaking that the site would be relocated by October 2023.
“After years of broken promises, we had no choice but to pursue legal action. When the wind blows, the waste ends up on our doorsteps.
“In summer the stench is unbearable. We cannot live like this. The municipality has failed to enforce even the most basic controls over what is dumped there,” Carlile said.
Theewaterskloof Municipal Manager Walter Hendricks explained that the municipality had inherited the problem when it took responsibility for Botrivier in 2000, following local government restructuring. Before this, Botrivier had been managed by its own local council, formed in November 1994.
“The municipality cannot simply close or relocate essential infrastructure without suitable replacement facilities and the necessary funding,” Hendricks said.
He said he could not comment further due to the legal proceedings.
Department spokesperson Wouter Kriel confirmed that following inspections which identified non-compliance at the waste site, the department issued a directive to Theewaterskloof Municipality in December 2025.
Kriel said the directive included an order for the municipality to “undertake remedial actions, improve operational management, and address pollution pathways”.
“The municipality has not complied. The matter has since been referred to our sub-directorate for criminal investigations,” Kriel said.
Support independent journalism
Donate using Payfast
Don't miss out on the latest news
We respect your privacy, and promise we won't spam you.
© 2026 GroundUp. This article is published under the GroundUp Republication Licence Version 1.0. Email [email protected] to request permission to republish.