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The Minister of Water and Environmental Affairs, Ms Edna Molewa and the Director-General of Environmental Affairs, Ms Nosipho Ngcaba welcome the decision of the North Gauteng High Court in Pretoria to dismiss with costs the application brought by the South African Tyre Recycling Process Company NPC (SATRP) and Bridgestone South Africa (Pty) Ltd.

The matter was heard on 11 September 2012 and judgment was delivered yesterday, 17 September 2012.
The Minister, Director-General (DG) and the Recycling and Economic Development Initiative of South Africa NPC (REDISA) were served with a notice of motion on the afternoon of Thursday, 30 August 2012 by the South African Tyre Recycling Process Company NPC (SATRP) and Bridgestone South Africa (Pty) Ltd.
The applicants had served an urgent application on the Minister and the DG in which they sought an urgent interdict and a declaratory order to the effect that they should not be compelled to subscribe to the Recycling and Economic Development Initiative of South Africa’s (REDISA) Integrated Industry Waste Tyre Management Plan (IIWTMP) pending the Minister’s approval or otherwise of the IIWTMP submitted by SATRP.

The REDISA plan was recently approved by the Minister in terms of Regulation 11(4) of the Waste Tyre Regulations, 2009 published in Gazette No 35534 of 23 July 2012 for immediate implementation. In terms of the regulations published under Section 24B of the Environment Conservation Act, 1989 (Act No. 73 of 1989), a tyre producer has to comply with the integrated industry waste tyre management plan immediately on receiving the Minister’s approval, or comply within 60 days with an existing integrated industry waste tyre management plan approved by the Minister (i.e. 60 days after 23 July being before or on 21 September 2012).

Acting High Court Judge, PC Van Der Byl ruled that the first applicant (SATRP) had failed to prepare and submit an integrated industry waste tyre management plan within the 60 day period envisaged in Regulation 6(3)(a). After the rejection of its plan on 15 November 2011 SATRP re-submitted its amended integrated industry waste tyre management plan almost eight months later and seven days after publication of the REDISA plan. The Judge ruled that SATRP subscribers were therefore left with no option but to register with the approved integrated industry waste tyre management plan of the third respondent (Recycling and Economic Development Initiative of South Africa NPC – REDISA).
The Acting Judge indicated that he was of the view that the interpretation to be assigned to the regulations is that any tyre producer that has no integrated industry waste tyre management plan approved by the Minister of Water and Environmental Affairs or does not belong to an existing integrated waste tyre management plan, will as from 21 September 2012 not be entitled to manufacture, import new, part worn, retreadable casings or vehicles fitted with tyres or, distribute or sell new, part worn or retreaded tyres and will be subject to sanctions provided in the regulations and other applicable legislative provisions.
The Acting Judge also states that he failed to see how any of the First Applicant’s (SATRP) subscribers will be prejudiced if they are required to register and comply with the Third Respondent’s (REDISA) plan even if they wish to do so with the First Applicant’s plan if and when it is approved since they are free to deregister with no financial implications, within 120 days notice as provided in Regulation 6(6).
Spokesperson for the Department of Environmental Affairs, Mr Albi Modise has indicated that the judgement should send a very strong message to the industry that court processes cannot be abused to avoid compliance with environmental legislation. “The Department will ensure speedy implementation of the approved REDISA plan so that we make progress in dealing with waste tyres in this country. Over and above the obvious objective of managing waste tyres in a manner that minimises their negative impacts on the environment and human well-being, the REDISA Plan is centred around; amongst others, job creation, the need to include and empower the existing informal sector as well as sustainability. These are key aspects necessary to meet the transformative social-economic objectives of the country.”
To access the judgment click on the link below:
http://www.environment.gov.za/sites/default/files/legislations/satrpc_bridgestone_northerngauteng_highcourt_decision.pdf <http://www.environment.gov.za/sites/default/files/legislations/satrpc_bridgestone_northerngauteng_highcourt_decision.pdf>