Court orders boot on alien invasive plants

KLOOF Conservancy celebrated its day in court, following the judgement of its invasive aliens plants court case against the government of South Africa.

According to Paolo Candotti, chairman of the conservancy, judgement which was delivered in the High Court case recently, compelled the State to comply with the Constitution and the law in relation to Invasive Alien Plants (IAPs).

“The judgement basically agreed with Kloof Conservancy’s argument that the Minister of Environmental Affairs had acted illegally and unconstitutionally by failing to publish the regulations to bring into effect National Environmental Management: Biodiversity Act, No10 of 2004 (NEMBA),” said Candotti.

He added that the judgement further ordered the Minister to prepare plans for the control and eradication of invasive alien species under the control of the state and to appoint sufficient numbers of environmental management inspectors in KwaZulu-Natal.

The conservancy was trying to persuade people, specifically the authorities to take all alien invasive plants seriously for the last 20 years. The conservancy started court proceedings in December 2012 and the case went to court in April this year. However, the regulations were issued after the court case on 1 August, but before judgement which Candotti believes was a waste of tax payers’ money.

“We hope the government will comply with the court order to put in place invasive monitoring eradicator plans over the next six months and employ sufficient officers to carry out this plan,” said Candotti.

He added that the one thing that he thinks is relevant to the average man is that this law now requires a listing of all invasive alien species on the property at the time of sale, which he is hoping will make an impact on invasive alien plants such as ginger, camphor’s, litsea and cantana which is common in Kloof and costly to remove.

He thanked Lesley Henderson, one of South Africa’s foremost weed scientists, and editor and compiler of SAPIA News, for her authoritative input and her personal and professional courage and integrity in deposing to expert evidence on affidavit. The judgement will stand as a permanent public record of her contribution to the case.

“A special thanks to our legal team – Advocate Michael Smithers SC, Advocate Andreas Coutsoudis and the team from Attorneys Shepstone and Wylie and to all conservancy members who supported us throughout this difficult challenge and who allowed us the mandate to go ahead with this ground breaking action for a conservancy,” added Candotti.