Bid fails to permanently close Enviroserv landfill site
The Durban High Court has dismissed a bid to have operations at EnviroServ’s Shongweni landfill site permanently shut.
Last year non-profit company, Upper Highway Air secured an interim interdict restraining the waste management company from receiving, treating and disposing waste there.
It was after residents had complained the emissions, which they labelled 'toxic' and said were making them and their pets ill.
Arguments about the permanent order were heard in the Durban High Court last week.
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Judge Johan Ploos Van Amstel delivered his ruling today.
Judge Ploos Van Amstel say the ongoing management of the controversial site should be governed by the Minister of Environmental Affairs who he explains is addressing the issue.
He says for the court to grant the Upper Highway Air NPC the final relief it was seeking, and effectively close the site would be to usurp the functions of the Minister.
The judge says he must also consider the interests of Enviroserv and its employees and that the site has now been closed for a over a year.
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Enviroserv's operational license was suspended last year and while it has successfully appealed part of that suspension, the Minster's decision on the matter is subject to a pending review.