Judge rules for neighbours' right to complain

A farmer operating an abattoir in George tried to interdict his neighbours from complaining about the environmental health hazard created by his business.

The two neighbours complained to the local municipality, the departments of Water Affairs and Forestry, and Environmental Affairs, the Public Protector and eventually the media about zoning rights of the farm, the right to run an abattoir and alleged air and river pollution.

But Jan van Rensburg, of the farm Bulida, claimed Dr Adeo Cloete and Vira Christensen's complaints of a foul stench, unhygienic conditions and a massive fly problem on the farm constituted harassment and defamation.

But Western Cape High Court Judge Essa Moosa did not agree to an interdict, and found that the complaints were largely valid.

Above all, the right to freedom of expression and an environment which was not harmful, outweighed the nature, scope and extent of the defamation complaint, he said.

"In a democracy, citizens, who are aggrieved, are entitled to raise their issues with the relevant authorities in the form of complaints and seek redress of such issues."

Van Rensburg wanted Cloete and Christensen interdicted from complaining about the farm, trespassing or keeping watch over their activities. The judge however found no merit in the trespassing or privacy infringement complaints either.

Cloete and Christensen had described "bad, noxious and offensive smells emanating from the property, the unhygienic conditions which prevailed at the farm, and the severe fly breeding problem which was created by the compost factory".

"These conditions are exacerbated by the two sewage dams which are situated on the marshy area near the confluence of the rivers which proximate their farm and from which (Van Rensburg) flood-irrigates portions of the farm which creates the overpowering stench," Judge Moosa said.

They complained that abattoir waste, such as blood, intestines and offal, was not disposed of properly because the trailer that took it to the municipal dumping site was often overloaded and caused spills on to the public road.

Van Rensburg's application was dismissed with costs.

Cape Times

Posted at 09:26AM Feb 01, 2010 by Editor in Residential  |  Comments[1]