The much beleaguered waste tyre management plan of the Recycling and Economic Development Initiative of South Africa (Redisa) was re-gazetted on 30 November after the Retail Motor Industry (RMI) won an interdict against the implementation of the plan ten days earlier. Minister Edna Molewa removed the section under contention and the plan is now in full swing, with tyre producers having to register with Redisa.
The RMI had attacked the Redisa plan on several matters but Mr Justice Niel Tuchten found one point of contention that of Section 15.1 where waste reduction targets were discussed, substantiated. Counsel for the RMI, Mr Japie Vorster, told the court that not only were the targets flawed, but the section was added after the closure of the period for industry and public comment. This, Vorster said, made the plan illegal as the changes made were “material”.According to the plan, the following are the targets for waste reduction: “Within 12 months, processing of 30 000 tonnes per year of waste tyres; within 24 months, processing of 90 000 tonnes per year of waste tyres; within 36 months, processing of 150 000 tonnes per year of waste tyres; within 60 months, processing of 400 000 tonnes per year of waste tyres arising.”
The RMI contends that according to an independent expert report,” it would cause a backlog of 427 917 tonnes of waste tyres by month 41. This is approximately double the waste tyre mass sold in South Africa annually.” In fact, the court heard that Redisa’s own figures had substantiated the calculation of the backlog. Redisa countered that within 10 years the backlog would be entirely removed but its plan has only been approved for five years. Vorster said that the plan has to be republished for comment. Molewa, who has been to court several times to defend the plan, removed the section under contention and it was published again.