A judge described as a sad state of affairs the fact that a high court application to address environmental and safety concerns at the Grahamstown rubbish dump was being opposed.
A judge described as a sad state of affairs the fact that a high court application to address environmental and safety concerns at the Grahamstown rubbish dump was being opposed.
In the Grahamstown High Court on Tuesday 18 August 2015 Judge Jeremy Pickering ordered Makana Municipality to pay the costs to date of an application concerning the rubbish dump brought against them by the Makana Unity League (MUL).
This came after Mark Nettelton, of Netteltons Attorneys, representing the municipality, asked the court to grant them more time to put the case together, considering that they were given instruction at late notice.
The case was postponed to 10 September.
The municipality filed their opposing letter on Monday 17 August. The application, set down to be heard on Tuesday 18 August, seeks to compel Makana to address a number of environmental and safety concerns regarding the municipal dump.
The applicant, Makana Unity League, is a powerful coalition of Grahamstown businesses, institutions and high-profile individuals.
The respondents are listed on court documents as Makana Municipality, its administrator, its mayor and municipal manager, as well as the provincial department of environmenatal affairs.
When Nettelton sought an order postponing the matter, the applicants argued strongly against it on the grounds that, on the merits of the case, the municipality had no case.
Counsel for the League advocate Izak Smuts said the municipality had in fact made their own admission of noncompliance, thereby deeming postponement futile.
He said it served no purpose other than spending money on legal matters rather than the dump site itself.
Smuts said on these grounds the municipality cannot have a case.
Pickering expressed his own view that something must be done as a matter of urgency because the dump site is becoming increasingly toxic by the day, while the fact that the application is being contested at all is a "sad state of affairs".
Adding to this argument, the judge emphasised that delaying the matter would result in "further poisoning of the atmosphere".
In a statement issued after the court hearing, the Makana Unity League said, "The Makana Unity League is bringing this matter on behalf of the citizens of Grahamstown.
What happened in Grahamstown High Court today (Tuesday 18 August) is the culmination of many efforts to get the municipality to fulfil its mandate and manage the dump site as required to do by the law.
We are committed to seeing this process through to the end and will not let up on making our municipal officials accountable to the citizens and ratepayers of Makana."
Lawyers for the League said Makana was required to file its answering affidavit by 1 September, and Wheeldon Rushmere & Cole must file the replying affidavits by 8 September.
The case is set down in the high court in Grahamstown for 10 September.
Makana Municpality had not responded to questions from Grocott's Mail by the time of publishing.
