The City of Cape Town’s Integrated Waste Management By-Law makes it possible for the City of Cape Town to clean up private properties at the owner’s expense.
In the interests of public health, the City of Cape Town promulgated the Integrated Waste Management By-Law in 2009. The By-law regulates all aspects of waste management within the City of Cape Town.
Section 15 of the By-law reads as follows:
“15. (1) No person may drop, throw, deposit, spill, dump, store or in any other way discard, any litter or waste into or onto any public place, municipal drain, land, vacant erf, stream, water course, street, road, wetland, coastline or on any place to which the public has access, or otherwise dispose of it nor may they allow a person under their control to do so. “
If this section of the by-law is contravened then the Director may direct, by way of a written notice that Persons –
1. Cease the contravention, within a specified time period;
2. Prevent any furtherance or continuation of the contravention
3. Take measures that the Director deems necessary to clean up the waste and remove it and thereafter rehabilitate the affected areas of the environment.
4. Dispose of the waste lawfully.
5. The time period that is given for complaints with a notice in terms of this section is 5 working days but this period may be extended by 2 days on request.
Any person who is in control or ownership of any land or premises or has a right to use land or premises is prohibited from permitting the land or premises to be used for the unlawful dumping of waste and is compelled to take reasonable steps to prevent the land or premises to be used for the unlawful dumping of waste.
Should a notice in terms of section 15 not be complied with then The City of Cape Town may undertake the necessary cleaning work and then claim this cost back from the owner of the property through a competent court.
To avoid facing potential legal action related to this by-law, keep your property in good clean order and free of any illegal dumping and littering.
Source: City of Cape Town Integrated Waste Management By-law 2009 as Amended
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