Pilikwe radiation case finally in court
Mpho Mokwape | Tuesday August 19, 2014 15:19
Justice Modiri Letsididi instructed the parties on Thursday to have filed heads of argument by October 24, latest 31 and to be ready to argue their matter on November 5.
“For the sake of moving this case forward I expect all to have filed their papers and those who fail to do so will still have until October 31 and from there the case will proceed without any excuses on Nov 5,” he said.
Attorneys Motseoeme Tauyane and Thobo Ditlhobolo representing the respondents had earlier indicated to court that they needed time to prepare their heads of argument as the applicants raised a number of preliminary points directed at the Attorney General.
“We met with the applicants and both parties have agreed for a later date to be set and we seek a consent order for that so as to allow both parties and the court to prepare for the trial date,” said Tauyane.
The Attorney General, Ngwato Land Board, Ministry of Infrastructure, Science and Technology and the Chairperson of the Radiation Protection Inspectorate have all been cited as respondents. The residents, represented by attorney Bugalo Maripe, filed papers three months back before demanding that government should stop erecting the radiation facility in their village. The villagers led by Dr Sebusang Sebusang and two others took the legal route after the Ngwato Land Board allocated the government land for the project despite their disapproval.
Their main contention is that the environmental impact assessment was not done properly, and government did not consult with them despite fears the project would result in radioactive poisoning of their village.
The residents want the project removed from their village. Government on the other says in its answering affidavit that the case should b thrown out of court.
It is government’s position that it consulted extensively since the announcement of the project and that it received all necessary approvals. Furthermore, say its lawyers, villagers welcomed the project as it will create jobs and that the applicants are only a small “pressure group” that decided to fight in court.
The dispute can be traced back to 2012 when government announced it would build a radioactive facility in Pilikwe once the Ngwato Land Board approved its application for a piece of land.
The facility, which is planned for under the National Development Plan 10, will be used for safe disposal and recycling of radiation material.