THE Upper Highway Air (UHA) NPC were victorious in their attempts to temporarily stop operations at the Shongweni Landfill site after they won the interdict order against EnviroServ at the Durban High Court today.
In an attempt to seek interim relief, the UHA NPC instituted an urgent interdict on Thursday, 13 April to stop operations at EnviroServ and call for the release of the toxicology report.
Advocate, Johan Wasserman who represented EnviroServ pleaded his client’s case as to why the interdict shouldn’t be granted claiming the toxicology report was not for public knowledge.
However, Judge Kruger said, “The time for playing games is over. My main concern is for members in the greater area who have been falling ill, but what concerns me more are the little kids who have been affected. Human lives are at stake.”
Following three stand downs by the judge, in his final address, Judge Kruger said it is important that the matter is resolved. He did not refer to the profit margins of companies, but the well being of humans.
In his final judgement today, he adjourned the application, ordered the first respondent (EnviroServ) to file an appeal to identify the other parties involved and he ordered the affected applicant (UHA NPC) to file an applying document. Once the papers are complete, leave will be granted for the applicant to apply for a date for the final hearing. The order for the urgent interdict was granted.
Meanwhile, EnviroServ’s Dean Thompson released a statement to its clients after the court proceedings today, saying they were forced to temporarily close the Shongweni Landfill site.
However, they have put together a contingency plan where all hazardous waste will be transported to a Class A permitted site in Gauteng and general waste will be disposed of at local permitted municipal landfill sites.
WATCH: Upper Highway Air committee members express their joy after the judgement was passed.
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