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Festo Balegele and 794 others (Applicants) v. DSM City Council (Respondent)

Pays/Territoire
Tanzanie, Rép.-Unie de
Type de cour
Nationale - cour supérieure
Date
Jan 3, 1992
Source
UNEP, InforMEA
Nom du tribunal
High Court of Tanzania at Dar es Salaam
Juge
Rubama, Y.
Numéro de référence
Misc. Civil Cause No. 90 of 1991
Langue
Anglais
Sujet
Air et atmosphère, Terre et sols, Déchets et substances dangereuses
Mot clé
Pollution atmosphérique (sources fixes) Gestion des déchets Élimination de déchets Planification territoriale
Résumé
The Application was made by Festo Balegele and 794 others against the Dar es Salaam City Council and was seeking the following orders among others: An order of certiorari to quash the decision of the Respondents to dump the City’s waste and refuse at Kunduchi Mtongani. To prohibit the Respondent from continuing to use Kunduchi Mtongani as a refuse dumping site. Kunduchi Mtongani is a residential area in Dar es Salaam. The applicants reside in this area. The Respondent has been dumping the City’s collected refuse and waste at Kunduchi Mtongani instead of at one of the five sites designated in the City’s Master Plan for dumping the City’s refuse and waste. The dumped refuse and waste was burning emanating much smoke covering a wide area. The Respondents argued that the refuse collection and its disposal was one of the Respondent’s mandatory duties under the Local Government (Urban Authorities) Act. It stated that it was “reconditioning” the land through sanitary filling and the area was only used in this way temporarily. If the Court would not exercise its discretion in favor if the Respondent, the Respondent would fail to perform its statutory duty of refuse disposal. The Applicants stated that the Respondent had not taken into consideration the relevant factors in coming to its decision to dump the refuse and waste at Kunduchi Mtongani: The general land development plan of the area; the fact that the area in question was a residential area and the waste was posing a health hazard and nuisance to the residents; that the area in question was not within one of the five sites zoned for garbage disposal. Thus the choice of the area was without plausible justification. The Applicants also stated that as residents of the area they were “aggrieved” and thus with locus standi to apply for the orders of certiorari and prohibition. The Court dealt with the issue of the locus standi of the Applicants by deciding that as residents they were indeed “aggrieved” and thus with locus standi. Moreover, It accepted the arguments of the Applicants and held that the disposal of refuse and waste at the area in question was ultra vires the Local Government (Urban Authorities) Act. It prohibited any further disposal of refuse at Kunduchi Mtongani.
Texte intégral
Jud.Dec.Nat.pre.pdf
Disponible en
UNEP/UNDP/Dutch Government Joint Project on Environmental Law in Africa, Compendium of Judicial Decisions on Matters related to Environment, National Decisions, Volume I, Page 87

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