Upper Highway stench: Enviroserv argues its case in court

Upper Highway stench: Enviroserv argues its case in court

The defence attorney for London-based programme manager, Jeremy Everitt says they will continue the fight against waste management company, EnviroServ.

Hundreds in Upper Highway protest over persisting stench
Shaun Ryan


Everitt has been critical of the company and its Shongweni Landfill site in the Upper Highway area. 


EnviroServ brought an urgent application against Everitt in the Durban High Court yesterday - arguing that he's been wrongfully accusing the company of harming the environment. 


Residents from Hillcrest, Shongweni, Kloof and surrounds are blaming EnviroServ for a chemical smell in the area - saying this is posing a health risk to neighbouring communities. 



Everitt's legal representative, Natalie Lange says the application has been postponed for further affidavits to be filed. 


"The court order which we consented to today, effectively adjourns the matter to the 7th of March. By then - they'll have to reply to our affidavit. They have to present their heads of argument. They are then going to argue that the matter is urgent. We'll going to say no, no leap-frogging. We'll see what the court says," she said. 


EnviroServ says Everitt's comments and remarks are intended to harm the company's reputation. 


More than a thousand people took part in a toxic trek protest march through Hillcrest earlier this year demanding clean air and that the landfill be closed down. 


The Department of Environmental Affairs issued a notice of intention to suspend or revoke EnviroServ's waste management license for its Shongweni operations. 


The company said at the time that it was surprised by the move - maintaining it runs a legal and compliant operation.

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