Case against EnviroServ postponed again

THE Green Scorpions criminal case against waste management company, EnviroServ, and its senior directors, has been adjourned until Friday, 30 November.

The accused appeared briefly at the Durban Magistrate’s Court on Thursday, 29 March.

EnviroServ’s application to the High Court challenging the constitutionality of the provisions on NEMA are to be filed by the end of May 2018.

EnviroServ is challenging the provisions related to the personal liability of the directors and staff, they are arguing that only EnviroServ as a company should be charged, and not themselves personally.

ALSO READ: Upper Highway Air files papers against DEA Minister and other authorities

The accused are EnviroServ, its chief executive Dean Thompson, group technical director Esmé Gombault, group technical specialist Dr Johan Schoonraad and coastal manager Clive Kidd.

Thabiso Taaka, EnviroServ spokesman said: “The criminal matter against EnviroServ has been postponed until November 2018. We have been instructed to file our application challenging the constitutionality of the provisions on NEMA to the High Court before the end of May 2018.”

Lauren Johnson, the founding director of the Upper Highway Air NPC, believes EnviroServ are delaying once again. She said the UHA is still fighting for the data from EnviroServ’s community monitors which they relied upon in their papers, yet refuse to produce.

“We approached the courts for assistance, the matter has been set down for hearing on 26 April. We are filing our supplementary founding papers in the review of the Minister’s decision shortly,” said Johnson.

Johnson said the UHA is in desperate need of funding, as once EnviroServ file their opposing papers, they will incur expert fees again in order to deal with their opposition to the review of the Minister’s decision.

“The Minister and eThekwini have also indicated they are opposing us in the review and additional relief sought regarding the lawfulness of EnviroServ operating from the site. Additional funds are needed to deal with any expert evidence they may tender in opposition. The expenses will be spent over the next 40 days. We are surprised at the Minister’s opposition, considering the DEA’s own internal experts appeared not to support the Minister’s decision,” said Johnson.

The 31 of March marked two years since the UHA NPO was created as a platform for a number of affected Hillcrest residents, which quickly grew after more suburbs were negatively impacted by the odour emanating from the Shongweni landfill.

ALSO READ: UHA addresses community’s concerns about Shongweni stench

Amy Fisher, a UHA committee member commended the organisation for investigating the source, working tirelessly to alert the correct officials, and eventually forming Upper Highway Air NPC to tackle the mammoth task of ending this landfill pollution and toxic air crisis.

She thanked founder, Lauren Johnson and the directors as well as Charmane Nel from MacGregor Erasmus Attorneys and its volunteers whom she said have made remarkable progress.

“As frustrating as the odour and it’s tormentor could be and as desperate as many sometimes feel, they are a fierce and dedicated community and with reporting, donating and education, we will win the fight for clean air,” said Fisher.

You can report the smell either through the UHA website, www.upperhighwayair.co.za or the Upper Highway Air apps for Android and iOS. Reports can be made for everyone over the age of 14, at every location you smell it and if you are at one place and the smell lasts for a long period of time every hour.

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