Alien species judgement hailed as ‘green’ victory

THE South Coast Conservancy Forum has applauded a judgement delivered in the Durban High Court last week that it believed vindicated the efforts of Kloof Conservancy to have government agencies taken to task for delaying measures to curb the spread of invasive alien species in KwaZulu-Natal.

“The effect of the judgement is that the state, province and municipal authorities will have to take their National Environmental Management Act responsibilities regarding invasive alien management seriously, as will private and traditional landowners. There are interesting times ahead,” said forum spokesman, Peter Vos.

The High Court case, heard by the honourable Justice Vahed, was instituted by Kloof Conservancy in December 2012 to compel the state to comply with the constitution and the law in relation to invasive alien species .

The respondents were the Government of the Republic of South Africa, Minister of Water and Environmental Affairs, Minister of Agriculture, Forestry and Fisheries, Minister for Co-operative Governance and Traditional Affairs, the KwaZulu-Natal Provincial Government, KwaZulu-Natal MEC for Agriculture, Environmental Affairs and Rural Development, eThekwini Municipality and Ezemvelo KZN Wildlife.

In his judgement the judge declared the failure of the Minister of Water and Environmental Affairs to publish a national list of invasive species before the end of August, 2006, to be unlawful and unconstitutional.

The Government, its Minister of Water and Environmental Affairs, the KwaZulu-Natal Provincial Government and KwaZulu-Natal MEC for Agriculture, Environmental Affairs and Rural Development, were ordered to ensure all organs of state in every sphere of government complied with the National Environmental Management Biodiversity Act regarding invasive species.

Within six months state organs would have to prepare invasive species monitoring, control and eradication plans for land under their control, as part of their environmental plans in accordance with the National Environmental Act. They would then have to implement and comply with these plans.

The Minister of Water and Environmental Affairs was given six months to appoint and mandate sufficient numbers of environmental management inspectors in relation to invasive alien species in the province of KwaZulu-Natal to ensure compliance with the government’s duties.

“So displeased was the judge with the bureaucrats’ bungling that he made an adverse costs order against the government entities in favour of Kloof Conservancy for all its costs on the liberal scale of attorney and own client.

“So neither Kloof Conservancy nor its lawyers, who put in many free hours for the cause, should be out of pocket. Sadly of course, it’s we taxpayers who will ultimately pay,” said Mr Vos.

Kloof Conservancy chairman Paolo Candotti said his organisation believed the judgement held all spheres of government fully and appropriately accountable to the constitution and the law for the discharge of their environmental duties.

He thanked Lesley Henderson, one of South Africa’s foremost weed scientists and editor and compiler of SAPIA News, for her authoritative input and her personal and professional courage and integrity in deposing to expert evidence on affidavit.

“The judgment will stand as a permanent public record of her contribution to the case,” said Mr Candotti.

He thanked the conservancy’s legal team, advocates Michael Smithers SC and Andreas Coutsoudis and the team from Attorneys Shepstone and Wylie.

“Finally, a big thank you to all the conservancy members who supported us throughout this difficult challenge and who allowed us the mandate to go ahead with this ground-breaking action for a conservancy,” he said.

Mr Vos said the 48-page judgement showed the judge’s clear understanding of the invasive alien species crisis in KwaZulu-Natal .