Court rules in favour of Upper Highway Air – ROUND 1

On Wednesday, 26th April 2017 the Upper Highway Air NPC obtained an order in the High Court Durban:

1. Pending the outcome of UHA’s application, interdicting EnviroServ from receiving, treating and disposing of all waste streams into the Shongweni Landfill site.

EnviroServ is also prohibited from disposing leachate back into the active waste body which is generated by the site as this was one of the factors contributing to the problems according to the technical reports produced pursuant to the compliance process.

2. The matter was otherwise adjourned indefinitely for filing of further papers and for UHA to compel compliance if necessary with our notice which called upon EnviroServ to produce certain documents referenced in their opposing papers but not produced by them.

3. The Honourable Judge Kruger requested that EnviroServ hand over the toxicology report which was done and accordingly that a copy was to be provided to UHA as well. EnviroServ undertook  to provide UHA with a copy by today, 28th April 2017.

UHA has now received a copy, but it is incomplete as EnviroServ appears to have extracted the Airshed dispersion modelling report which forms part of the toxicology report. We have demanded this as well as the further documents sought in the UHA notice to EnviroServ in this application.

4.EnviroServ was given leave to file a supplementary affidavit dealing with the mystery SO2 polluter.

This is an interim order pending the outcome of this application so the matter is far from over.

Only once the papers are completed will the parties be in a position to approach the Senior Civil Judge for preference to be granted in the matter so that the matter may be enrolled for hearing in order to determine whether the interim order obtained can be made final and operate pending the outcome of our action or the appeal allegedly launched by EnviroServ against the suspension decision.

The NPC avers that the appeal against the DEA decision suspending the license has not been properly launched as EnviroServ refuses to provide the supporting documents to the NPC.

In the meantime, continued reporting is absolutely imperative if we are to win the war so please keep reporting and letting us have your affidavits and IAP’s detailing any health impacts.

Upper Highway Air