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SA's first pollution-related arrest

14 January 2004

Officials of the department of environmental affairs and tourism together with East London police on Monday arrested the owner of an estate 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.

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 tempered with.

The department 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 and officials from the two departments, the SA Police Service, the Geo Science Council, and specialist hazardous waste contractors found:

  • 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 put on rotten pellets at various sections of the farm.
  • General waste dumped in large quantities in surrounding areas.
The department said there was also evidence of aromatic substances that may be carcinogenic, and that gross pollution of the soil and groundwater in the surrounding areas had occurred.

Samples were taken in the presence of police officers, and about 40 people in and around Gonubie Bay were interviewed.

The police had advised Tucker that his property was cordoned off as a crime scene and warned him not to interfere with evidence. On 6 January, however, an investigation officer assigned to the case discovered 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 said.

The department added that this was but one of many cases of illegal pollution which it plans to prosecute.

A hotline - 0800 116 110 - has been set up to enable members of the community to tip-off the department of any illegal hazardous waste activities.

Tucker appeared in the East London Magistrate's Court on Tuesday and his case was postponed to February. He was remanded in custody.

Source: Environmental Affairs and Tourism

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