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----- Original Message ----From: Tatib Foundation To: Cc: Angela Andrews ; leondt@nda.agric.

za ; leon du toit ; AntonN Sent: Monday, November 21, 2011 4:01 PM Subject: Spray drift into Welgevonden Estate from Timberlea Farm

Our Ref : Date:

SJTF/jls/21112011 21 November 2011

______________________________________________________________ EMAIL TRANSMISSION TO: ATT: EMAIL: Timberlea Farm Stellenbosch Sandra Jeffery

Dear Sandra

Without Prejudice

The TATIB Foundation has recently received a number of complaints from residents of Welgevonden Estate, Stellenbosch, in which they allege that they have been on the receiving end of spray drift of agricultural chemicals [pesticides, fungicides, herbicides] that are sprayed on Timberlea Farm Stellenbosch. According to the information that we have on hand, large clouds of spray drift have blown out of your vineyards/orchards, across the R44 and into the residential area of Welgevonden Estate. One of the residents has also allegedly captured the spraying on his HandyCam and in this regard I am waiting for him to convert and then email me the video footage. I used to live in Riebeek-Kasteel and work in Somerset West, and so on a daily basis would drive past Timberlea Farm . On numerous occasions I drove through large clouds of spray drift , discharged by your tractor pulled centrifugal mist blowers, as they sprayed the vineyards and orchards that are adjacent to the R44.

All agricultural chemicals that are used in South Africa, have to be registered under the Fertilisers, Farm Feeds, Agricultural and Stock Remedies Act 36 of 1947. Each and every agricultural chemical has a statutory Product Label, on which the special precautions and warnings, regarding safe and lawful use of the product are clearly displayed. There are specific warnings & precautions along the lines of "Prevent spray drift onto other crops, grazing, rivers, dams or other areas not under treatment. " I respectfully submit that by ignoring the directions for use of the substances as contained on its labels, Timberlea Farm contravenes section 7[2][a][i] of the Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act 36 of 1947. In addition, should Timberlea Farm not be a pest control operator registered in terms of the aforesaid Act, [which I assume to be the case], I furthermore respectively submit that Timberlea is also in contravention of section 7 [2] [a][ii] of the Act. There are number of other laws and acts that I feel are being contravened, but will not at this stage make mention of them.

I have been forwarded copies of correspondence between yourself and one of the complainants and in this regard would like to comment on your email dated 18 November 2011, addressed to ********, a resident of Welgevonden and one of the complainants in the case that is being investigated against Timberlea Farm. Whilst you have presented an array of very impressive documents, showing all your certifications, impact studies and protocols, the reality of the situation is that you are unable to control the clouds of spray drift, that result from your spraying your vineyards & orchards. I need to remind you, that under Act 36 of 1947 spray drift, of agricultural chemicals across a public road and into a residential area, is unlawful under the Act. No amount of EuroGap / Global Gap and Natures Choice Certification will make any difference to the unlawfulness of spray drift. We have 6 years of research into the legalities regarding spray drift and we have heard the same lame excuses time and time again!!

You also seem to be of the opinion that Welgevonden is situated on Agricultural ground. You are incorrect in this regard. The land in question is actually zoned residential, and this has been confirmed under the Western Cape, Land Use Planning Ordinance, 15 of 1985 "LUPO", Stellenbosch Zoning Scheme (July 1996) and the Stellenbosch Zoning Map. Yes Welgevonden was built on land that was previously zoned "Agricultural", but

this does not make the alleged unlawful spray drift now lawful. In fact whether or not Welgevonden is zoned Agricultural or Residential is not relevant in this case. When you spray your vineyards / orchards your "target area" is your vineyards/orchards and not the residential houses and gardens of Welgevonden. We can assure you that even if your target area was Welgevonden, you will still be breaking the law with regards to spray drift.

You then make yet another mistake, when you state and or imply that because the residents have chosen to live in Welgevonden and the winelands, they must accept that they will be sprayed with potentially toxic chemicals, and that this would make the spray drift lawful ?? You talk so much about "regulating bodies" to which you adhere to. Clearly, if you are spraying in such a way that spray drift gets blown into Welgevonden, you are not following the stringent guidelines set down by the so called "regulating bodies". The reality of the situation is that more than often, its the un-skilled, uneducated farm worker who is doing the spraying, more than often in windy conditions, oblivious to the fact that he is poisoning not only himself but all who come into contact with his spray drift. The majority of the farmers that we have dealt with, turn a blind eye to all of this, and deny that there is in fact a problem.

I need to enlighten you to the facts of the matter and the precedent that has been set. When we lived in Riebeek-Kasteel, the towns most prominent farmer planted table grapes adjacent to our house and the residential area. He sprayed his precious grapes in the same manner that you spray yours, the result of which was that clouds of toxic spray drift got blown into the residential area. Respiratory and Sinus problems were the least of our worries, as more serious illness took place that almost resulted in the death of both myself and my 5 week old son. We approached the farmer in an attempt to find out what he had been spraying, as tests conducted on my 5 week old son confirmed that his prenatal and post natal exposure to pesticides was the cause of his illness. The farmer, as expected became extremely hostile and refused to supply us with the names of the products he was using, and only after our attorneys stepped in did he furnish us with the names of the chemicals that he had been spraying. Despite our pointing out the unlawfulness of his conduct, he continued to spray as he had always sprayed, stating that he was EuroGap/Global Gap certified and could therefore not be breaking the law !!

As it was very clear that he felt that he was above the law, we served him with a High Court Summons in which we simply asked that he obey the law and spray his vineyards in such a way that there was no spray drift. Naturally no Judge would have found in his favour, as all that we were asking was that he obey Act 36 of 1947. We won the case against him and he had to pay the costs, yet he continued to spray as he pleased and so he went back to the Cape High Court a number of times, and was then hit with criminal charges, and contempt of court. The result of this was that the issue hit all the newspapers and also appeared on Carte Blanche, with the BBC also sending out a crew from the UK. He was a supplier to Tescos, who then could not put enough distance between him and the issue when they were questioned by a Noseweek reporter . This farmer actually was silly enough to say on Carte Blanche, that nothing he sprayed was harmful to man or the environment and that he was spraying according to national and international law. Well as it turned out he was breaking the law!! You may very well now be thinking why I have told you all of this ? Well think about it!! If you do not comply then criminal charges are going to be laid against Timberlea and we will put our weight behind an urgent High Court Interdict, the costs of which will be for your account. The Riebeek-Kasteel farmer chose to take an uncooperative approach and he lost the cases and as there has now been a clear precedent set, there is absolutely no way that you are going to be able to defend the case and have it found in your favour. The Welgevonden residents have the right to live in an environment that is not harmful to their health and well being, as enshrined in the Constitution of the Republic of South Africa. We are hoping therefore, that you will cooperate with us. We ask that you kindly forward us, via return email, details of each and every agricultural chemical [pesticide / fungicide / herbicide] that you have been spraying on your farm. You have no legal grounds to refuse to furnish us with this information, to which each and every citizen has the right. Should you fail to cooperate then this will not look very good for you when and if this issue hits the media. Should you fail to furnish us with details as to what you spray then you will leave us no alternative but to serve you with an application under the Promotion of Access to Information Act 2 of 2000, which will compel you under law, and at your own costs, to furnish us with this information.

We are going to give you seven [7] working days to email this information to us, failing which we will instruct our attorneys and or the attorneys representing the residents, to make the application without further notice. All our rights remain fully reserved at all times.


JurgenSchirmacher Chairman The TATIB Foundation