EnviroServ v DEA, Ethekwini and UHA Constitutional Challenge, set for the 25th of March 2019 in Pmb, will be adjourned.
This is due to eThekwini deliberately delaying the filing of their answering affidavit in the Constitutional Challenge until 5 March 2019, only a few days before the scheduled hearing, knowing full well this would result in a delay in the application. A delay which suits EnviroServ well, considering that the criminal case is pending while this matter is determined. This means that eThekwini has also assisted EnviroServ in delaying the criminal matter. The earliest date now available to accommodate the Minister’s counsel, is August 2019.
eThekwini has, as predicted by UHA, also deliberately still not decided the community and UHA’s appeals against the grant of the Scheduled Trade Permit in September 2018. They have also not denied that they have not done so due to the apparently cosy relationship between eThekwini and EnviroServ in setting up the monitoring equipment to be used by eThekwini to assess EnviroServ’s pollution. The STP expires shortly.
eThekwini are also still deciding whether or not to make EnviroServ apply for a new STP, or if they will just grant them with one with no application, and thus no opportunity for the Community and UHA to object, not that they will bother deciding the objections properly or any subsequent appeal, as we have all seen.
eThekwini’s above conduct ensures that the community’s rights are persistently violated.
On 7 March 2019, the new Minister took time out of her presumably busy schedule dealing with all the Bosasa allegations, to issue a determination allowing EnviroServ to accept more waste. EnviroServ has been permitted to accept municipal solid waste, including treated medical waste, going forward. The prohibition against sulphur containing waste continues. The Minister’s decision does not state that inorganic solid waste may continue to be accepted. That provision has been replaced by a reference to “municipal solid waste”, including treated medical waste. Clarity is being sought in this regard.
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