It has come to UHA’s attention that Tricky Taaka, EnviroServ’s mouthpiece and spin-doctor, has unsurprisingly published a statement claiming UHA made a concession in Court on 26 April 2018, that EnviroServ had provided “all relevant information on the matter at hand” to UHA and interested and affected parties.

This is not correct.

At the hearing on 26 April 2018,  a consent order was taken, giving UHA leave to file a further replying affidavit in the interdict proceedings, with EnviroServ to pay the costs of UHA’s application.

This was because EnviroServ finally conceded that it had not provided all the underlying data referred to in its opposing affidavit, and on which it was basing its opposition to the interdict remaining in place.

This is not all the data relevant to the matter at hand, only the limited data it is prepared to wager its case on.

The UHA expressly reserved its rights to deal with the aspects of the limited data provided, including that EnviroServ only provided its say-so of what the pH of the landfill was over the last year, not the underlying sampling results which EnviroServ’s company secretary and whistleblower claimed EnviroServ had manipulated.

Secondly, the community monitoring data was only for the limited period of October 2017 to the second week of December 2017. UHA has not been provided with any other community monitoring data, and this still forms the subject of the UHA’s application pending under case umber 9444/2017, including the question of the hijacking of the monitoring committee, the peer review of the toxicology report, as well as the failure of Ethekwini to enforce the Sewage Bylaws.

Accordingly, EnviroServ has most certainly not provided all the information relevant to the matter at hand.

The UHA will deal with the limited data provided in the next few days when it submits its supplementary replying affidavit.

UHA has specifically recorded that its acknowledgement that any data was provided at all (limited as it is) is not an agreement as to the authenticity or reliability of that data. The unreliability of the limited data provided will be dealt with in UHA’s papers by UHA’s experts.

Below is the consent order taken on the 26th April 2018.

UHA consent order Rule 35(12)

Upper Highway Air