Court orders tyre producers to join recycling plan by Friday

THE SA Tyre Recycling Process Company (SATRP) and Bridgestone South Africa’s application for an urgent interdict against Environmental Affairs Minister Edna Molewa related to the waste tyre management plans for the country has been dismissed with costs.

Judge Piet van der Byl ruled in the Gauteng North High Court yesterday that any tyre producer that did not have an integrated industry waste tyre management plan approved by Molewa or did not belong to an existing integrated waste tyre plan would from Friday “not be entitled to manufacture [or] import new, part worn or retreaded tyres” and would be subject to the sanctions provided in the waste tyre regulations and other legislative provisions.

The SATRP had also applied for an order that, pending the approval of its plan, it was not obligatory for tyre producers who had subscribed to or intended subscribing to its plan to comply with the controversial Recycling and Economic Development Initiative of South Africa’s (Redisa’s) waste tyre management plan.

It claimed that tyre producers supporting the SATRP plan would need to spend millions to ensure systems complied with the Redisa plan and it would be a disincentive for tyre producers to join the SATRP plan later because of the costs incurred. However, Judge Van der Byl said he failed to see how any of SATRP’s subscribers would be prejudiced if they were required to register and comply with Redisa’s plan.

The judge said that if and when the SATRP’s plan was approved, tyre companies were free to deregister from Redisa with no financial implications, within 120 days’ notice.

Allegations that they would be required to spend millions to ensure compliance were not substantiated, he said.

Judge Van der Byl also found the SATRP failed to prepare and submit an integrated waste tyre management plan within the 60-day period envisaged in the regulations and due to its delays was itself to blame for the situation it had created.

Hermann Erdmann, Redisa’s chief executive, said he was very pleased with the outcome and stressed the tyre industry was now legally obliged to deal with its waste.

“The delays and obstructions put in the way of implementing a solution to our waste tyre problem also affect all the people who are looking to Redisa for their opportunity to earn a decent living. This court action has been yet another distraction from the real purpose of the plan, which is to build a sustainable tyre recycling industry and create jobs.”

Riaan van Niekerk, the chairman of the SATRP, said it did not take Redisa, the minister or the department to court but was only seeking a declaratory order to enable it to inform its members and subscribers whether they were obliged to join Redisa by this Friday.

Van Niekerk denied the SATRP had caused delays in Redisa implementing its plan.