Local News
SCA finds against appelants in waste tyre management case─── SABRINA SABRINA 11:34 Fri, 24 May 2013
Sabrina Dean -
Bloemfontein - The Supreme Court of Appeal in Bloemfontein yesterday dismissed with costs an appeal regarding legislation around government’s tyre waste management plan.
The Retail Motor Industry Organisation (RMIO) and Circuit Fitment CC brought the appeal against the Minister of Water and Environmental Affairs over the regulatory framework for management of tyres no longer fit for use.
The appellants challenged the validity of the Minister’s approval of a plan drafted by the Recycling and Economic Development Inititative of South Africa (Redisa), the second respondent in the case.
The plan was published in the Government Gazette in July.
An interim interdict was granted last year based on one item of the plan about waste reduction targets found to be invalid.
The Minister withdrew the plan on 30 November last year and then resubmitted it without the invalid item.
The appellants argued the Minister may not short-circuit the process by simply withdrawing an invalid plan and substituting it with a valid plan.
The judgement dealt with several factors, including the Minister’s conduct in relation to the functus officio doctrine, the need for a second public participation process after the first plan was withdrawn, whether or not only tyre manufacturers may draft such plans, and whether or not the plan regulates both solid and pneumatic tyres.
Although the appellants did succeed to a “limited extent” regarding references to solid tyres, the judgement stated the appeal must nonetheless be dismissed.
Bloemfontein - The Supreme Court of Appeal in Bloemfontein yesterday dismissed with costs an appeal regarding legislation around government’s tyre waste management plan.
The Retail Motor Industry Organisation (RMIO) and Circuit Fitment CC brought the appeal against the Minister of Water and Environmental Affairs over the regulatory framework for management of tyres no longer fit for use.
The appellants challenged the validity of the Minister’s approval of a plan drafted by the Recycling and Economic Development Inititative of South Africa (Redisa), the second respondent in the case.
The plan was published in the Government Gazette in July.
An interim interdict was granted last year based on one item of the plan about waste reduction targets found to be invalid.
The Minister withdrew the plan on 30 November last year and then resubmitted it without the invalid item.
The appellants argued the Minister may not short-circuit the process by simply withdrawing an invalid plan and substituting it with a valid plan.
The judgement dealt with several factors, including the Minister’s conduct in relation to the functus officio doctrine, the need for a second public participation process after the first plan was withdrawn, whether or not only tyre manufacturers may draft such plans, and whether or not the plan regulates both solid and pneumatic tyres.
Although the appellants did succeed to a “limited extent” regarding references to solid tyres, the judgement stated the appeal must nonetheless be dismissed.
