CHANGES TO WASTE TYRE MANAGEMENT IN SOUTH AFRICA
|Title||Government Gazette Notice||Commencing Date|
|Consultation on the intention to consider the withdrawal of the approval for the integrated Industry Waste Tyre Management Plan of the Recycling and Economic Development Initiative of South Africa||GN 524 in GG 40884 of 2 June 2017||Not yet specified|
|Announcement: 2 June 2017: High Court grants Minister of Environmental Affairs Dr Edna Molewa order to wind down and liquidate REDISA||GN 530 in GG 40890 of 5 June 2017||5 June 2017|
The Minister of Environmental Affairs gave notice of her intention to consider the withdrawal of the approval for the Integrated Industry Waste Tyre Management Plan of the Recycling and Economic Development Initiative of South Africa (REDISA), which was published in terms of Regulation 11(4) of the Waste Tyre Regulations, 2009 under GN 988 in GG 35927 on 30 November 2012. There are multiple reasons for this consideration, which in broad terms include the failure to achieve its objectives and the lack of proper governance and/or accountability.
Members of the public invited to submit written representations or objections with regard to the possible withdrawal of the REDISA, within 30 days from 2 June 2017 in the Gazette, to any of the addresses specified in the notice.
Together with this notice, another notice was published granting an order to the Minister of Environmental Affairs to wind down and liquidate REDISA. The Minister of Environmental Affairs became aware of the REDISA’s intention to cease collection of waste tyres with effect from the 1st June 2017. Following that, the Minister filed an urgent liquidation court application on the 1st June 2017 with the Cape Town High Court to safe guard the operations and assets associated with the REDISA Integrated Industry Waste Tyre Management Plan (IIWTMP). The application was successful and a court order was made and has been served on REDISA.
The Court ordered the appointment of a liquidator who will take immediate control of the business of REDISA including the implementation of the approved Integrated Industry Waste Tyre Management Plan as published in the Government Gazette (Government Notice 988) on 30 November 2012.
A policy decision to change the funding model which would inter alia affect the funding of the REDISA IIWTMP was taken at the level of National Executive with the concurrence of the Finance Minister. This rational, justified and legally authorized change intended to bring this funding model within the scope and ambit of the existing Public Finance Management System as called for by the Constitution of the Republic of South Africa, 1996. The decision then resulted in the amendment of the National Environmental Management Waste Act 59 of 2008 in 2014. REDISA has been aware of the requirements of the amendments since then and had failed to comply with such requirements and waited until the very last minute.