Retail Motor Organisation and Another v Minister of Water and Environmental Affairs and Another (51148/2012) [2012] ZAGPPHC 273 (12 November 2012)

Retail Motor Organisation and Another v Minister of Water and Environmental Affairs and Another (51148/2012) [2012] ZAGPPHC 273 (12 November 2012)

The court found that the Minister approved a version of the Redisa Plan containing material provisions (item 15.1) that were not published for public comment, contrary to the requirements of the Waste Act and PAJA. This procedural defect gives the applicants substantial prospects of success in the pending review. While the harm to tyre producers from paying levies is slight and recoverable, it is not negligible. The applicants have no alternative remedy in the short term, and the balance of convenience, though generally favouring the respondents, is outweighed by the constitutional imperative that conduct inconsistent with the Constitution is invalid. Accordingly, the requirements for an...

Citation
[2012] ZAGPPHC 273
Parties
Applicant: Retail Motor Organisation; Applicant: Circuit Fitment CC; Respondent: Minister of Water & Environmental Affairs; Respondent: Recycling & Economic Development Initiative of South Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 November 2012
Case Number
51148/2012
Procedural Posture
Urgent Application / Interim Interdict Pending Review
Outcome
Interim interdict granted pending review.
Judges
Tuchten
Legal Topics
Waste Management, Public Participation, Legality of Administrative Action, Interim Interdict, Constitutional Right to Environment
Administrative Law Environmental Law Waste Management Public Participation Legality of Administrative Action Interim Interdict Constitutional Right to Environment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Retail Motor Organisation

Applicant

Circuit Fitment CC

Applicant

Minister of Water & Environmental Affairs

Respondent

Recycling & Economic Development Initiative of South Africa

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Review

Legal Issues

  1. 1 Whether the Minister lawfully approved the Redisa Plan without proper public consultation on all material provisions.
  2. 2 Whether the Redisa Plan's imposition of levies is authorised by the enabling legislation.
  3. 3 Whether the applicants meet the requirements for an interim interdict pending review of the Minister's decision.

Ratio Decidendi

The court found that the Minister approved a version of the Redisa Plan containing material provisions (item 15.1) that were not published for public comment, contrary to the requirements of the Waste Act and PAJA. This procedural defect gives the applicants substantial prospects of success in the pending review. While the harm to tyre producers from paying levies is slight and recoverable, it is not negligible. The applicants have no alternative remedy in the short term, and the balance of convenience, though generally favouring the respondents, is outweighed by the constitutional imperative that conduct inconsistent with the Constitution is invalid. Accordingly, the requirements for an...

Court Disposition

Interim interdict granted pending review.

Orders

  • Pending the final determination of the relief sought in Part B of the notice of motion, the first and second respondents are interdicted and restrained from proceeding with the implementation of the second respondent's integrated waste management plan as approved in Government Gazette notice 564 and as published in...
  • Costs will be costs in the review, to be taxed on the footing that the employment of senior counsel and, where applicable, senior and junior counsel was justified.