Cape Times

RMI applies to slam brakes on minister’s waste tyre manouevres

- Roy Cokayne Herbert Vilakazi

ANOTHER high court showdown over the government’s waste tyre recycling plan is looming between the Retail Motor Industry Organisati­on (RMI) and the Department of Environmen­tal Affairs.

The department was served with another urgent high court applicatio­n by the RMI on December 12.

Vishal Premlall, the national director of the Tyre Dealers and Fitment Associatio­n, an RMI member, said the RMI had lodged the applicatio­n and requested the matter be heard on January 15.

The department said the applicatio­n was seeking to review and set aside the decision by Water and Environmen­tal Affairs Minister Edna Molewa to withdraw the approval of the previous Recycling and Economic Developmen­t Initiative of SA (Redisa) waste tyre management plan and approve Redisa’s current plan.

This followed the RMI on November 20 being granted a temporary interdict by the North Gauteng High Court halting the implementa­tion of the previous Redisa plan.

The interdict was granted, pending the hearing of the RMI’s main applicatio­n for an order reviewing and setting aside the approval of the Redisa plan by Molewa.

This applicatio­n is likely to be heard some time this year.

Molewa on November 30 withdrew the previous Redisa plan and approved and gazetted the current Redisa plan for immediate implementa­tion.

The department said the temporary interdict judgment obtained by the RMI was in favour of the department and Redisa on all material aspects apart from Judge Neil Tuchten finding paragraph 15.1 of the integrated industry waste tyre management plan (IIWTMP) constitute­d a material amendment of the plan and should have been re-gazetted for comment after its insertion.

This paragraph dealt with the waste reduction targets of the Redisa plan.

The department said Judge Tuchten suggested a remedy: to re-gazette the plan without paragraph 15.1 for immediate implementa­tion.

“The minister has reconsider­ed the matter in totality and decided to withdraw the approval of the said IIWTMP and another IIWTMP was approved. This effectivel­y disposed of the review applicatio­n… as the plan, which was the subject of the review, was no longer relevant,” it said.

The RMI said last month that its legal teams were considerin­g the legal position regarding “many questionab­le aspects surroundin­g the legitimacy of the withdrawal of the previously approved Redisa plan and the approval of another Redisa plan”.

It said the withdrawal of the approval of the previous plan meant members’ subscripti­ons to that plan had “no legal consequenc­e” and tyre producers would need to re-subscribe and tyre dealers re-register with the current Redisa plan.

In terms of the waste tyre regulation­s, all relevant parties were required to comply with the new approved plan within 60 days after November 30, which the RMI calculated as January 29, but the department disagreed.

It said everyone registered with Redisa would have to comply with the approved IIWTMP plan “with immediate effect”.

Douw Breedt of Barnard Incorporat­ed, the RMI’s attorneys, said they believed Molewa had acted irregularl­y and was not permitted in terms of the waste tyre regulation­s to withdraw one waste tyre plan and approve another for immediate implementa­tion.

SOUTH Africa is in the midst of a profound economic crisis, which is causing instabilit­y and deformatio­ns in our psychologi­cal, social, moral and cultural life, and which, if not resolved, shall cause severe political upheaval.

Not too long ago, the governor of the Reserve Bank stated that the economy was “deteriorat­ing” fast. One South African economist warned that our economy was in “free fall”.

Inequality, high unemployme­nt and poverty are registered as the main gigantic problems of South African society. The results of the 2011 census revealed that the average white household earns six times the income of the average black household. There is a vast structural disconnect within the national economy between the white community and the African community.

The proposals, which have come from the government and from our intellectu­al elite inside and outside the government, cannot solve this crisis because they work within the present structure of the economy; they merely want to improve how the present economy works, hoping that this will trickle down and solve the economic and social crisis.

The projected massive government investment­s in infrastruc­ture developmen­t shall not eliminate the vast structural disconnect, just as the constructi­on and operation of the Gautrain has not made a dent in solving the problem of inequality, high unemployme­nt and poverty.

Capitalism produced not only the advanced industrial societies of the West and Japan, but also colonialis­m and underdevel­oped countries. South Africa is a by-product of this twin process. To know how poverty, unemployme­nt and inequality can be eliminated requires not only a correct knowledge of how the problem arose, but also of the economic history of the world.

Regarding the historical roots of our problem, it is not enough to refer to apartheid. It is simply an Afrikaner term for a policy and process that existed before 1948.

The roots of our problem lie in colonial conquest. Colonialis­m gave rise not only to a colonial state, but to a colonial economy and ideology. Here is a peculiar phenomenon: the death of the colonial state is survived by the colonial economy and the colonial ideology. The colonial state died in South Africa, but is survived by the colonial economy. Our economy bears the scars and shape of a colonial economy.

The representa­tives of England settled here together with a population from other parts of Europe, hence the designatio­n “settler-colonial society”. The European population in this colony became the largest in Africa, giving rise to a strong emotional bond between this settler community and the West, which is untouchabl­e.

This gave rise to two grossly unequal parts of South African society. One is black, forming the vast majority of society, a large part of which is in preindustr­ial rural areas. Africans became the primary labourers, and this vast sector is poor, with the worst facilities and infrastruc­ture.

The other part is the white community, a tiny minority, which is by and large wealthy. It has the best facilities and industrial infrastruc­ture and is linked with the industrial Western capitalist economy.

Colonialis­m and the slave

The underdevel­opment of black rural communitie­s, and of their offspring in urban areas, are pulling down the economy. It cannot develop any further as long as it contains this colony. In accounting terms, when conducting an audit of the national economy, the colony, comprising the vast majority of society, is simply entered in the loss column. The cost of the colony to the national economy is many times the value of the gross national product of the country.

The colony is now sapping and negating the vitality and growth potential of the national economy and society.

South African economists and statistici­ans often calculate and bewail the cost of a holiday to the national economy. The cost of the colony to the South African economy, the cost of unused capacity of tens of millions of black people, the cost of unused capacity of women, runs into trillions of rand: that is how big the South African economy can be if the colony were eliminated. That is the “potential economic surplus”, in Paul Baran’s terms.

We need a policy and plan to eliminate the colony within the South African economy, and develop one modern integrated economy. The next article proposes such a policy. Professor Herbert Vilakazi is an independen­t scholar and contribute­d this article in his personal capacity.

 ?? PHOTO: SIMPHIWE MBOKAZI ?? The government’s waste tyre plan is again being challenged by the Retail Motor Industry Organisati­on.
PHOTO: SIMPHIWE MBOKAZI The government’s waste tyre plan is again being challenged by the Retail Motor Industry Organisati­on.

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