Civil interdictory proceeding – 8th May 2017

Yesterday, 8th May 2017, UHA NPC returned to court in the civil inderdictory proceedings against EnviroServ.

The UHA NPC had to approach the Court for an extension to file its replying affidavit in the main application as per time frames provided in the original Court order (i.e. by 8 May 2017),  as, amongst other things, EnviroServ had failed to make the whole toxicology report available to the Court (on 26 April 2017) and to UHA NPC (on 28 April 2017) as undertaken, or to provide all the documents which were referenced in EnviroServ’s answering affidavit and requested by the UHA NPC on 25 April 2017. In particular, EnviroServ had removed the Airshed Professional Planning report from the toxicology report. This was more than 1 page. It was in fact 98 pages and  contains the mathematical dispersion modelling and results which allegedly demonstrate what pollutants fall out on which communities and in which concentrations. It is the foundation on which the toxicology report rests.

UHA NPC received the Airshed report on 2 May 2017 and the balance of the documents requested on 5 and 8 May 2017. The order provides that once EnviroServ file their supplementary affidavit dealing with the alleged additional polluters, the UHA NPC will file their replying affidavit within 12 court days thereafter. Once the papers are complete the parties will approach the Senior Civil Judge for allocation of a hearing date on which to finally argue the matter.

EnviroServ were directed to pay the costs of the application for extension.

Pending the outcome of the application, the interim order against EnviroServ granted on the 26th of April 2017 regarding its operations at the Shongweni Landfill Site remain operative.

Upper Highway Air