The court found in favour of the environment and water affairs minister, Edna Molewa in a matter against the Retail Motor Industry (RMI).
The RMI brought a case against the minister and the Recycling and Economic Development Initiative of SA (Redisa) to block implementation of the Redisa Integrated Industry Waste Tyre Management Plan.
"We are delighted with the court's judgment, which has thoroughly tested the principles of the Redisa plan and found them to be sound," Redisa's chief executive Hermann Erdmann said.
The court dismissed the key grounds of RMI's complaint with the proviso that solid tyres be excluded from the plan.
"This is a minor amendment to the plan, with solid tyres constituting 2% of total annual tyre production," said Erdmann.
The SCA found that the references to solid tyres were severable.
"It is possible, textually, to separate the references to solid tyres from references to tyres as defined in the waste tyre regulations," the court found.
"The references to tyres as defined are not dependent in any manner on the references to solid tyres, because solid tyres are always referred to expressly and separately from tyres as defined," it said.
The unanimous judgment by a full bench of the SCA held that the RMI's appeal should be dismissed.
Erdmann said Redisa could now begin implementing the plan to remove waste tyres from the environment while creating jobs and building a recycling industry.
Erdmann said the plan's implementation, which had been delayed by the court proceedings for over 12 months, would be ramped up to deliver results.
"We are ready and prepared to move ahead with the next stage of the plan, namely to establish the collection and recycling networks," he said.
Source: Sapa via I-Net Bridge
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