Two small communities near Mossel Bay became giant-killers by winning a court battle against a factory that was polluting them with toxic smoke and fumes.
For years fumes from poles being treated with creosote - an oily chemical made from coal tar - had caused rashes, lung problems, severe headaches and sinus and stomach ailments. Residents were often afraid to venture outdoors.
Now the communities are celebrating - earlier this year the Cape High Court ordered the factory to close. Their efforts united the white middle-class community of Tergniet and the Toekoms coloured community against Outeniqua Poles, which operated the factory.
Assistance from the Grahamstown-based Legal Resource Centre (LRC) - with American and Canadian volunteers helping - finally secured victory for the Tergniet and Toekoms Action Group (TTAG).
“In the past few weeks we’ve been able to breathe properly and enjoy being outdoors again,” TTAG chairman Drik Leibbrandt says.
Residents say the ruling is an indictment of the Mossel Bay Municipality and other authorities which for years failed to support them.
“One of the unhappy legacies of apartheid-era planning is that many communities across South Africa are sandwiched between heavy industries and exposed to the harmful effects of pollution,” says Sarah Sephton, an attorney with the LRC.
Many residents still worry about long-term health problems as a result of the fumes. The plant also used CCA, an odourless mixture of chrome, copper and arsenic that prevents damage to wood by insects and micro-organisms. These chemicals can cause lung and bladder cancer.
The communities may yet seek compensation for health problems and medical expenses, Leibbrandt says.
In the months they worked together to improve their lot the two communities got to know each other better and became friends.
“This ruling shows what can be achieved when people stand together and insist on their rights,” Sephton says.
