Battle Status Report – 2nd July 2018

1. The order of 21 June 2018 putting the site in the hands of the Minister dealt only with the interim order that Upper Highway Air obtained halting any further commercial trade while we fight the main battles against EnviroServ. It was not a final decision on any of the final orders UHA seek against EnviroServ.

2. Please click this link to view the relief UHA seeks in the application to be heard against the authorities and EnviroServ which deals with the Minister’s decision, the DEA and EThekwini’s failure to direct proper remediation, the express orders sought against EnviroServ to remediate, and the fact that EThekwini should not be giving a scheduled trade permit to EnviroServ, and further that EnviroServ are trading from the Shongweni site which was never properly zoned for the operation of a landfill, much less a hazardous one.

3. This application is currently set down on the unopposed roll for 31 July 2018 as EnviroServ and the authorities refuse to abide by the court rules for filing affidavits. EThekwini claim they are still “trawling” for documents to answer the case made by UHA against the use of the land as a waste disposal facility.

4. UHA is currently liaising for this matter to be heard on an earlier date.

5. Many of you have lodged your objections to EThekwini against the EnviroServ application for a Scheduled Trade permit to allow them to open again. If you have not yet done so and want to, please do so as soon as possible as EThekwini seems intent on breaching the Scheduled Trades and Occupations By-laws by granting EnviroServ a trade permit to allow it commence operating despite the ongoing nuisance impacts. EThekwini has acknowledged objections lodged to date and are obliged to consider them before granting permission for EnviroServ to trade, REGARDLESS of the Minister’s decision. Click here to view the Scheduled Trade Permit By-Laws.

EnviroServ have sent out communication that they are expecting to start trading as soon as the Scheduled Trade permit is issued – to view this communication, click here. The only thing stopping EnviroServ trading, until the UHA pending applications are heard is the Scheduled Trade Permit. To submit an objection please click here.

It is about time EThekwini was held to account just like EnviroServ and the Minister must be held to account. EThekwini is the communities’ first line of defence against the polluters in our midst. MAKE YOUR VOICES HEARD.

Protest action against EThekwini’s inaction to date is being considered by UHA – please drop us an email if you would be interested in taking part. The Nuisance Bylaws can be viewed here, which oblige EThekwini to take action against businesses causing nuisances. Let us together make them enforce the law – for once!

Upper Highway Air