High Court grants order against government

© Steve Coe – southerncrossroads.info

The court made the following order:

(i) Minister's failure to publish the regulations and invasive species list by 31 August 2006, is declared unlawful and unconstitutional;
(ii) The government, the Minister and the MEC for Agriculture, Environmental Affairs and Rural Development in KZN, must take all steps necessary to comply and implement their invasive monitoring, control and eradication plans;
(iii) The Minister is directed to appoint and mandate, within six months of date of this order, sufficient numbers of EMIs in relation to invasive alien species in KwaZulu-Natal to ensure compliance with the government's duties;
(iv) The government, the Minister, the provincial government of KZN and the MEC for Agriculture, Environmental Affairs and Rural Development in KZN are ordered to pay the costs of the main application on the scale as between attorney and own client, including costs occasioned by employment of two counsel;
(v) The Minister is ordered to pay the cost of the review application.
Following on that judgment, the department briefed counsel and they have been instructed to prepare an application for leave to appeal against orders (ii) and (iii) in the judgment.