The Constitution of South African has consistently been identified as one of the most informed and progressive pieces of legislation in the world. As one of the primary factors that ensured the successful socio-political transition in the country, it also determines that everyone has the right to a healthy environment and to have the environment protected for the benefit of present and future generations by preventing pollution and ecological degradation; the promotion of conservation; and securing ecologically sustainable development and the use of natural resources whilst promoting justifiable economic and social development.
The National Environmental Management Act (NEMA) of 1998, which is the overarching environmental management framework in South Africa was promulgated to give effect to the above constitutional imperatives. The NEMA and other pieces of environmental legislation like the Waste Act and the Air Quality Act are aimed at ensuring that the environment is protected for present and future generations by providing both criminal and civil remedies to deal with environmental transgressions.
Furthermore, it establishes a system for the application for environmental authorisation by developers to ensure that the environment is not harmed by the proposed development. This ensures that economic and social development can take place in a sustainable manner without harming the environment for future generations.
The NEMA specifically identifies the means of protecting the environment from instances of pollution and environmental degradation. It falls to the Environmental Management Inspectors (EMI’s) of the provincial Department of Environmental Affairs and Development Planning, more commonly known as the “Green Scorpions” to enforce this protection of the environment and policing of environmental authorisations. The Green Scorpions also play the role of making the public aware of environmental protection by having regular interaction with the public and educational institutions.
The media plays an important role in the protection of the environment by reporting on instances of pollution and ecological degradation, which serves as a vital source of information for environmental authorities to initiate investigations into allegations of environmental transgressions. Recently the Green Scorpions embarked on a series of compliance inspection blitzes in the Phillipi and Melkbosstrand areas in conjunction with the SAPS, officials from other Units in the Department and Municipal Law Enforcement officials. Not only did the combined effort render the exercise more efficient and effective by combining resources and skills, it also improved intergovernmental relations with the other two spheres of government.
The focus of the enforcement in Phillipi was on illegal dumping of hazardous and general waste, whilst in Melkbosstrand it was illegal earth moving activities within 100 metres of the high-water mark of the sea, which included embankments, the construction of stabilising walls, the planting of vegetation or placing synthetic material on dunes and exposed sand surfaces, as well as buildings or infrastructure.
The primary findings of the investigation in Melkbosstrand indicated that residents sought to gain access to the beach, and through their activities damaged or removed indigenous vegetation. Some residents encroached onto land zoned for public open space and converted it into “private leisure gardens” by landscaping sand dunes, planting kikuyu grass or removing sand dunes to facilitate access to the ocean and enhance their view.
The Green Scorpions issued a number of warning letters to first time offenders and compliance notices to those property owners who failed to comply with earlier warning letters. Since the site inspections, many of the property owners submitted applications in terms of section 24G of the NEMA to rectify the unlawful commencement of unlawful activities. There is a reasonably high level of compliance once transgressors receive warning letters and compliance notices and the residents of the two areas were no exception.
In addition to the daily compliance and enforcement duties, the Green Scorpions together with Provincial Minister of Local Government, Environmental Affairs and Development Planning, Mr Anton Bredell, conducted a series of environmental awareness campaigns and compliance blitzes in the Phillipi Horticultural Area. This region is predominantly an agricultural area, with rich soils and a high water table. Initial investigations revealed a series of illegal dumping and sand mining. The provincial Minister, together with a team comprising officials of the department and officials from the City of Cape Town issued compliance notices and warning letters to property owners who were in contravention of environmental legislation. Follow-up investigations will take place shortly to ensure compliance with the instructions issued and to ensure that no further environmental violations occur. Transgressors who are served with warning letters or compliance notices are required to appoint an independent Environmental Assessment Practitioner who must submit the necessary investigative reports and a rehabilitation plan to guide the corrective measures to ensure rehabilitation of the harmed environment.
The Green Scorpions investigate complaints received from various stakeholders that include the general public as well as complaints emanating from the different spheres of government. A total of 230 complaints have been received over the past 12 months, excluding the daily enquiries and the complaints that do not warrant further investigation. Of the total complaints, investigations determined that about 120 warning letters were sent to transgressors. About 50 transgressors failed to comply after receiving a warning letter, which resulted in the issuing of 50 compliance notices and directives. A total of 47 transgressors complied with the compliance notices and directives and three transgressors were referred to the Director of Public Prosecutions with a view to criminal prosecution for failing to comply. Penalties for failing to comply with compliance notice range between a fine of R5m and imprisonment for a period of 10 years.
A total of 18 illegal dumping complaints received during August 2010 suggests a sudden escalation of this particular environmental violation. The recent introduction of a tipping tariff at municipal landfill sites has been cited as a contributing factor to the escalation. The other more common environmental violation complaints received include, the illegal removal or clearing of indigenous vegetation, the illegal construction of facilities or infrastructure for the storage of dangerous goods, the construction or earth moving activities in the sea or a distance of 100 metres inland of the high-water mark of the sea, the illegal infilling or excavation within a watercourse or the sea, and the illegal disposal of general and hazardous waste.
“It is imperative that the different spheres of government continue to explore the necessary and most effective avenues to enhance service delivery. Environmental violations continue to be a critical concern, and it is only through informed and action based approaches that we will ensure the preservation of the environment for our present and future generations and in so doing uphold the principles of protecting dignity, human rights and the rule of law”. – PM – Anton Bredell
The department will continue to conduct these inspection blitzes and ensure that the necessary follow-ups are conducted within the prescribed time frames. The environment is vulnerable to being severely, and in some cases, irreversibly harmed by these unlawful activities. Environmental degradation and pollution are particularly harmful as it negatively affects both current and future generations, whilst at the same time retarding economic and social development.
Enquiries:
Mr A. Gangerdine (Mr)
Tel: 021 483 4643
Fax : 021 483 3211
Cell: 079 401 0687
E-mail:agangerd@pgwc.gov.za
