Kevin van Huyssteen, a Director of Flumans Inc, the firm of attorneys representing KOSRA and Estuary Care in this matter sent this report on 2 October 2015:
The application by KOSRA, with Nature’s Landing and Estuary Care as co-applicants, against Ndlambe is due to be heard in the Grahamstown High Court on 15 October 2015.
The relief that KOSRA and the other applicants seeks pertains to the problems of solid waste disposal, sewage and the habitual failure by Ndlambe to respond to correspondence.
- Regarding the dump, which is overfull, unfenced, unmanaged, and repeatedly ‘catches’ fire, KOSRA seeks court orders compelling Ndlambe to control the dump properly, institute recycling arrangements, stop the spread of plastic across the veld, find an alternative location and ultimately close the dump. The closure has been authorised by the Dept of the Environment but no workable timeframe has been set.
- Regarding sewage, as a result of the court application, the pump station at the conservancy tank at 4th Avenue, Riversbend became operational in December 2014. That source of overflowing sewage has now largely been eliminated, even though Ndlambe were in contempt of court for four to five years after the order was granted in January 2009. Orders in relation to the contempt of court are sought.
- However subsequent scientific tests raise further questions regarding the sewage works at Marselle, for which no EIA was carried out when the works were upgraded in 2012. Orders are also sought compelling the rectification of the regulatory shortcomings pertaining to the sewage works.
- Regarding the failure to reply to letters to Kosra, we are seeking orders compelling answers to all correspondence.
- As the failures are attributable to identifiable municipal officials, orders for the payment of costs by the officials personally are sought.
What KOSRA hopes the court will grant this month