From a closed landfill to the High Court.

In mid-2010 the Gauteng Department of Agriculture and Rural Development (GDARD) granted Pikitup, the City of Johannesburg's waste company, a licence to decommission the Kya Sands Waste Disposal Site. The landfill was full. Pikitup's obligations were to properly decommission, secure and rehabilitate the site to prevent environmental pollution and protect public health.

The site was never properly secured. Organised criminal operators soon reopened it, and one abandoned landfill grew into an illegal waste industry. At its peak, at least ten illegal dump sites operated on City, provincial and private land along the Kya Sand Spruit and Klein Jukskei River, within sight of Fourways Mall.

A business with three revenue streams

• Dumping fees. Waste removers, including some registered operators, pay cash at the gate: typically R300 to R800 a load for household waste, building rubble, garden refuse, tyres and chemicals. It is cheaper than a licensed site, and the more hazardous the waste, the bigger the saving.
• Salvage. Marshals on site strip out anything of value, such as metal, plastics and electronics, which is sold.
• Land. Waste is used to fill and level low-lying, flood-prone ground beside the Spruit, and the plots are sold illegally within the informal settlement.

At the peak, we estimate the sites took in up to 200 truck-loads a day, a turnover of roughly R20 million to R30 million a year.

Why it burns

At the end of each day, once everything saleable has been removed, the remaining waste is set alight and smoulders through the night to make room for the next day's loads. Smouldering plastics and mixed waste release some of the most harmful combustion products, including dioxins and polycyclic aromatic hydrocarbons (PAHs). In winter, temperature inversions trap the smoke in the Klein Jukskei valley, home to roughly 150,000 people.

Because of the land income, the operators will carry on until every available metre between the settlement and the river has been filled and sold. Close one site and the operation moves to the next piece of open ground, which is exactly what happened when the City's rehabilitation contractor moved onto the old landfill in late 2025.

2020 to 2022: engagement that went nowhere

In autumn 2020, daily temperature inversions trapped thick, toxic smoke over the valley from Kya Sand to Cedar Square and Chartwell. Residents began organising and engaging formally with Pikitup, the City of Johannesburg, GDARD and JMPD.

• Site visits with junior officials. Most entities sent representatives with little or no authority to act.
• More than 50 emails to Pikitup's executive office, answered with undertakings that led nowhere.
• August 2021: a joint site visit with the Pikitup Board Chair, the Chair of its Audit and Risk Committee, the CEO and COO. Standing on the smoking landfill, they expressed their shock and gave firm commitments. None was kept.
• January 2022: a workshop of more than 40 officials from the City, Pikitup, JMPD, SAPS, the Green Scorpions and other departments. It produced a 30-page Integrated Kya Sands Environmental and Enforcement Strategy. It was never implemented.

2023: becoming a non-profit company

By early 2023 it was clear that goodwill alone would not move the authorities. We incorporated the Kya Sand Burning Wasteland Community Forum NPC (reg. 2023/858781/08), with a volunteer board accountable to the community that funds it. Deneys (formerly Norton Rose Fulbright South Africa) and an environmental advocate agreed to act for us pro bono, in the public interest.

Our first formal letter of demand went to the City, Pikitup, GDARD, the national Department of Forestry, Fisheries and the Environment and SAPS. None replied.

2024 onwards: legal action

We went to court because three years of engagement had produced site visits, workshops and plans, but no change on the ground. Litigation is slow and costly for everyone, including the taxpayer. It was not our first choice. It became our only one.

What it proved

From November 2025 to February 2026, residents, estates and businesses funded a private security team at the sites. Active dump sites fell to three or four, burning dropped by up to 80%, and for three months many of us breathed clean air again.

This shows that modest, consistent enforcement works, and the City's claim that it lacks the resources to deal with the problem does not stand up.

What happens when it stops

In February 2026 the money ran out and the security contract was suspended. The operators came straight back. By May 2026 a new site between the Pipeline settlement and the Spruit was dumping and burning daily. In June 2026 we re-engaged day-guard cover with SCP Security, every rand coming from community contributions. When contributions fall short, the guards go, and the dumping comes back.

Why it cannot be permanent

• It depends on donations. February showed what happens when the money runs out.
• It treats the symptom. Guards can turn trucks away, but cannot prosecute operators, clear existing dumps or rehabilitate the land.
• The community pays twice. Residents fund a service their rates and taxes should already provide.

Some say that by paying for security we let the authorities off the hook. That is why every rand spent is published, and why the court case, not the patrols, is the main effort. Security buys time for the legal process; it does not replace it.

What it means for you

In August 2026 SARS approved KSBWCF as a tax-exempt Public Benefit Organisation and granted us Section 18A approval (PBO reference 930091814).

• Your donation is deductible. Individuals and companies can deduct donations to KSBWCF from taxable income, with a Section 18A receipt from us.
• Up to 10% of taxable income a year. Anything you give above that limit is carried forward to the next tax year.
• It costs you less than you give. At a 36% marginal tax rate, an individual giving R300 a month (R3,600 a year) can save up to R1,296 in tax, a real cost of about R2,300. A company at the 27% rate giving R1,000 a month saves up to R3,240 a year.
• No donations tax. Donations to an approved PBO are exempt from donations tax.

What we need from you

Since 1 March 2023, SARS requires a valid Section 18A receipt to include the donor's identity and tax details. So that we can issue yours, please email us:

• your full name, or your company's registered and trading name;
• your ID number, or your company registration number;
• your income tax reference number;
• your postal or physical address, email address and phone number.

What counts as a donation

A Section 18A donation is a gift. If you receive something of value in return, such as advertising to our community lists, that payment is sponsorship, not a donation, and it does not qualify for a Section 18A receipt. Your company may still be able to claim it as a marketing expense. Ask your tax adviser.

This is general information, not tax advice. Your own deduction depends on your circumstances. You can confirm our status on the SARS website.