Online Reporter
Arron Nyamayaro
LAWYERS representing Koala Park Abattoir say there is no reason for the company to close its operations along Seke Road.
They say there is no evidence that the company is polluting the environment.
Hebert Muromba, of Kanter and Immerman Legal Practitioners, has also questioned the role of one of the Katonha twins, Tendai Mayor Katonha, in the legal dispute.
Muromba told the court that Tendai’s name was only introduced after the application had been filed in court.
“One Tendai Mayor Katonha is not supposed to appear before this honourable court.
“His name came later than the date of the application before you,” said Muromba.
He called for the dismissal of the application, which is based on parts of a report which was submitted by the Environment Management Agency.
He said the EMA findings did not provide evidence supporting the concerns raised by the applicants.
“There is no evidence to prove what the Katonha twins submitted before this court.
“It is our wish and request that the application be dismissed with costs.
“There is no reason for Koala Park Abattoir to close, and there is no evidence of causing air pollution as alleged.”
The Katonha twins said their application remains valid despite Tendai’s name being challenged.
They maintained that their interdict is not aimed at closing the abattoir outright, but at preventing the company from continuing certain practices, including keeping dozens of cattle near Seke Road.
The twins claim this is allegedly causing air pollution, unbearable odour and dust which is emanating from the premises.
“The nature of our application is clear. Whether it is more names or one name, the court should still determine the matter based on our affidavits,” the twins said.
They accused Koala Park of selectively addressing parts of the EMA report.
They claim the company failed to properly respond to the issues raised and was fined for partial compliance and failure to comply with environmental laws.
Provincial magistrate Yeukai Dzuda postponed the ruling to June 3.
Dzuda had ordered both parties to respond to the EMA report before the ruling.
Mathew Masinge