Environmental Affairs and Tourism on national environmental compliance
and enforcement report

19 February 2009

National Environmental Compliance and Enforcement Report

Four years after its establishment in May 2005, the Environmental management
Inspectorate is now in the process of moving beyond its establishment phase
towards a phase of effective institutionalisation and management of its
operations. To launch this phase, and in keeping up with the theme of this
Lekgotla of “sharpening the sting”, the inspectorate is proud to announce the
launch of three important documents, the first of which is the National
Environmental Compliance and Enforcement Report 2007/08.

It goes without saying that collecting statistics and data on compliance and
enforcement activities is absolutely crucial for making appropriate strategic
decisions on the application of resources to ensure effective and efficient
enforcement of environmental legislation. This data enables us to take a
retrospective look at the achievements made by the inspectorate year on year,
but also gives us the opportunity to take an introspective look at the
effectiveness of the inspectorate post training and designation of
Environmental Management Inspectors across the country. The report also
indicates variations and trends that may be used to plan for more effective
compliance and enforcement campaigns in the coming years.

The period 2006 to 2007 was the first time that Environmental Management
Inspectors and other environmental enforcement officials, particularly fishery
control officers and provincial enforcement officials, collaborated to report
environmental enforcement statistics at a national level. The result of that
process was the first National Enforcement Report, which included annual
statistics for arrests of offenders, items seized from offenders, convictions
by a court, sentences handed down, admission of guilt fines; and notices or
directives issued and civil court applications launched against offenders.

In 2006 to 2007, we were still testing the availability of
information-gathering systems within all our institutions responsible for
environmental enforcement. For this reason, the report was not nearly as
detailed as we would have liked. In addition, we warned that this report was
based on serious underreporting, a warning that is borne out by the significant
increase in reported results in 2007 to 2008.

In 2007 to 2008, there has been a significant increase in the comprehensive
nature of reporting on the specified compliance and enforcement activities by
the Environmental Management Inspectorate Institutions. It is also the first
year that allows a comparison between performance of compliance and enforcement
activities in respective financial years.

Although the information-gathering systems are not yet fully developed and
the statistics appearing in this report have not undergone a stringent
monitoring and verification process, some preliminary findings indicate that
compared to 2006/07, the number of reported arrests have nearly tripled in
2007/08, and that the number of convictions reported in 2007/08 are more than
five times the number reported in 2006/07.

The report is intended to be widely distributed across EMI institutions,
relevant stakeholders and also the private sector, and it is my pleasure to
officially launch the National Environmental Compliance and Enforcement Report
2007/08.

Authorisations manual for assessing and issuing environmental
authorisations

Aligned to this movement from establishment toward implementation, is the
recognition of a need for standardising practices across different EMI
institutions, and ensuring that actions taken by EMIs remain consistent and
legally defensible.

The authorisations manual is therefore designed to assist competent
authorities to issue environmental authorisations that are legally robust and
unlikely to be the subject of a successful appeal or legal challenge and to
facilitate consistency in practices across different competent authorities. The
manual sets out the requirements for just administrative action, and proceeds
to apply these requirements to the Environmental Impact Assessment (EIA)
process under the National Environmental Management Act, waste disposal site
applications, as well as authorisations in terms of the Basel and Rotterdam
Conventions and the Montreal Protocol on substances that deplete the ozone
layer.

Prior to its launch, Department of Environmental Affairs and Tourism (DEAT)
conducted an extensive interview process among provincial EMI institutions, as
well as a comparative review of international best practices, and whilst the
manual seeks not to impose a new system on provinces, and in particular those
provinces who had already put into place their own guidelines and systems, its
focus is rather on developing guidelines which would go a long way to ensuring
that actions taken by EMIs across the various agencies remain consistent and
predictable. The manual is therefore intended to give guidance to officials
within DEAT and the provincial departments on issuing authorisations that can
be monitored and effectively enforced.

It is my pleasure to now also officially launch the authorisations manual
for assessing and issuing environmental authorisations.

Standard Operating Procedure for cooperation between the Environmental
Management Inspectorate and the South African Police Service

The next important document, which I now have the pleasure to officially
launch, is the Standard Operating Procedure for cooperation between the
Environmental Management Inspectorate and the South African Police Service.

During February, 2007, DEAT, through its enforcement directorate, initiated
communications with the South African Police Service, with a view to developing
a Standard Operating Procedure for cooperation between the two law enforcement
agencies. Two years down the line and several drafts later, this Standard
Operating Procedure (SOP) is ready to be launched for immediate
implementation.

The finalisation and signature of the EMI-SAPS SOP is viewed as a major
achievement of both the South African Police and the Environmental Management
Inspectorate in agreeing on a common mechanism to frame the investigation of
environmental crime. Clearly, the length of deliberations and the importance
placed by both the EMI and SAPS in the conclusion of the SOP should send a
strong public message that both law enforcement agencies understand the
importance of proper coordination of the investigation of environmental
crime.

Greater responsibility has, through the SOP, been placed on EMIs in the
opening and management of case dockets as well as the development and
implementation of a case registration system and EMIs will now be primarily
responsible for conducting investigations into environmental crimes. Similarly,
SAPS will continue to take the lead, with the assistance of EMIs, in instances
where there involves a combination of other types of crimes with an
environmental crime, or where the crime investigated is of an organised
nature.

Having said, it is a pleasure of welcoming Sonnyboy Bapale, as a
representative of the Environmental Management Inspectorate, and Director
Ntshinga from the South African Police Service to complete the ceremonial
signing of the Standard Operating Procedure.

Presentation of awards of excellence

We now turn our attention to a very important part of this evenings
proceeding, and that’s the recognition of outstanding contributions by our
colleagues in the awarding of the Awards of Excellence for the 2008 calendar
year.

Deviating slightly from previous awards ceremonies, the awards of excellence
for 2008 has been divided into three categories, namely:

* outstanding contribution to inspections aimed at the detection of
environmental non-compliances
* outstanding contribution to the investigation of environmental crimes
* outstanding contribution to the prosecution of environmental crimes.

The first category, that being for outstanding contribution to inspections
aimed at the detection of environmental non-compliances, is a newly created
category, and was specifically targeted at recognising the outstanding
achievements of those EMIs involved in compliance monitoring inspections aimed
at detecting environmental non-compliances, as well as those officials
responsible for the undertaking of administrative action following reported
non-compliances.

The panellists adjudicating the winner of the award for this category were
Cormac Cullinan, a senior environmental lawyer and director of the law firm
Cullinan and Associates, Abdul Ebrahim, a project manager at the consulting
firm Environmental Science Associates, who has actively been involved in the
rollout of the EMI basic training program, and Mark Jardine, Senior Advisor,
Compliance and Enforcement Training at DEAT.

Five officials were nominated in this category:

The first nomination was for Anel Nortier, an official employed at DEAT
Marine and Coastal Management, who undertook an impressive 25 inspections of
foreign vessels, 20 restaurants, 90 local vessels, as well as 12 joint
operations. Among her achievements was the initiation of the large scale
investigation into “Indo Atlantic”, which is the largest investigation
undertaken to date by the Special Investigations Unit, and which is currently
underway. She has also played a major role in various capacity-building
initiatives over the past year.

The next nomination was for Mphakamisi Fifane, an official employed by DEAT
MCM in the Eastern Cape, who issued 32 admission of guilt forms in the calendar
year, and was also involved in five high profile arrests, four of which are
still in court, and the other which resulted in a fine of R8 000 paid by the
convicted person. He has also done some outstanding work in conducting
awareness raising and educational campaigns across a number of schools and
communities in the area.

The third candidate nominated in this category was Cashandra Fredericks, an
official employed in the Enforcement Directorate at DEAT. Miss Fredericks was
involved in several inspections and, operating under major capacity restraints,
was responsible for the issuing of a number of administrative notices and
directives by the enforcement directorate. Her hard work and dedication ensured
that, despite the constraints, strict timeframes and deadlines were always
adhered to.

The fourth candidate, who finished a very close second to the winner of the
award for this category, was Wongama Mfenyana, an official employed by DEAT
MCM, who had recorded a total of 53 arrests, opened 22 case dockets, was
responsible for the confiscation of two vessels and five vehicles, as well as
1.5 tons of abalone. This remarkable official had, on more than one occasion,
effected arrests whilst putting his own life at considerable risk, being held
hostage by poachers, shot at, and threatened with his life. His unwavering
commitment to his job in the face of such trying circumstances is an
inspiration to us all, and he received special commendation from all the
panelists.

However, the unanimous winner of the award for outstanding contribution to
inspections aimed at the detection of environmental non-compliances, and
nominated no less than three times, is Frances Craigie, currently employed as
the Director Enforcement at DEAT, but who was employed by the Gauteng
provincial department for the reporting period for this award. Frances has
played a leading role in the area of detecting non-compliances in the field of
pollution and waste crimes, and was a team leader in several high profile
groud-breaking inspections, including Operation Ferro, Arcelor Mittal
Vereeniging, Scaw Metals, Semancor Metalalloys, and Operation Clean Cement, to
name a few. She also managed the litigation process in the precedent-setting
Silverton Ridge case, which went all the way to the Constitutional Court,
resulting from a directive which was drafted by Frances, in which development
was ultimately prevented in a sensitive ridge behind the Union buildings in
Pretoria. Her actions resulted in the drafting of notices and directives
leading to the closing down of several facilities, including aid safe, Mittal
Vereenigings waste site, and independent foundries. She has also played a
leading role in several capacity-building initiatives within the inspectorate,
the magistrates awareness raising workshop and specialised training on EIA
enforcement to name a few, and is a leading member of working group four. It is
my great pleasure to call forward Frances Craigie to receive this award.

The second category, that of outstanding contribution to the investigation
of environmental crimes received a total of 13 nominations and was overseen by
a panel constituting once again, Cormac Cullinan, as well as Frances Craigie,
and Liziwe Ntshinga, Director, Organised Crime in the South African Police. The
panel decided to split this category into EMIs and SAPS officials, and
consequently two awards are made in this category.

A total of five EMIs were nominated in this sub-category, the first of which
was SP Coetzee, an official employed at the Limpopo provincial department, who
is one of the leading investigators in the country on the escalating matter of
rhino poaching, and his work has led to a number of arrests and subsequent
convictions. He also plays a leading role in capacitating junior staff
members.

The second nomination was a group nomination for the following
officials:
* B Liedermann
* K Thompson
* J Enslin
* B Smal
* K adendorff
* L Jack

These officials, all employed in the Special Investigations Unit based at
DEAT MCM investigated a total of 34 cases in 2008, which resulted in a recovery
of over 140 000 units of abalone, the infiltration of key syndicates, as well
as participation of one of the largest operations ever undertaken in the Indo
Atlantic Operation. Although their nomination was not strictly in keeping with
the intentions of this award, their efforts also received special praise from
the adjudication panel.

The next nomination was for Tracy-Lee Petersen, employed within DEATs
enforcement directorate, and who has been responsible for the investigation of
several high profile cases in the pollution and waste sector, including her
role played in successful investigations into the medical waste problems around
the country, as well as leading the investigation in the matter involving
Airports Company of South Africa (ACSAs) jet fuel spill. Many of these
investigations are still on-going, but her efforts received special mention
from the adjudication panel.

Special mention was also made for Ryno Serfontein, also employed within
DEATs enforcement directorate, and one of the leading investigators in the
field of pollution and waste crime. During the calendar year of 2008, Ryno
successfully investigated, amongst others, the aid safe and Buhle waste cases,
also involving the illegal dumping of medical waste. He also registered six new
criminal cases, handed over another six high profile matters to the National
Prosecuting Authority (NPA), with a further three cases ready to go to court.
He has also played a leading role in the rollout of the EMI basic training.

However, the winner of this award goes to Mario Scholtz, employed at South
African National Parks (SANParks) environmental crime investigations, who
received two nominations. Mario’s exceptional achievements include his role in
rhino horn smuggling investigations and the infiltration of rhino horn
syndicates, where he went undercover, eventually resulting in a plea bargain
agreement , with each accused sentenced to a fine of R150 000. A further R620
000, involved in the transaction was split between SANParks and the Mpumalanga
Parks board for specific use in Rhino conservation projects. This case was also
precedent setting, as it was the first time that trap money and fine money was
paid over to Conservation agencies as a result of successful prosecution. He
was also involved in other rhino poaching cases, and the luring, capturing and
hunting of a Kruger National Park lion, to name a few.

Furthermore, Mario is the chairperson of the Environmental Crime Task Group
for the Limpopo, Mpumalanga, and Gauteng provinces, plays a leading role in
specialised prosecutor training initiatives, was involved in the drafting of
admission of guilt fines lists for protected areas, and is an active member of
working group four. It is my pleasure to present this award to Mario
Scoltz.

For the next sub-category, eight police officials were nominated for their
outstanding contributions to the investigation of environmental crimes, and I
would like to call Liziwe Ntshinga to say a few words about the nominated
candidates.

The first nomination was for De Witt Botha, stationed at the organised crime
branch in Uppington, Northern Cape. This officer was the project manager in
Project Eagle, which involved the smuggling of elephant ivory across the
Botswana border. A total of nine ivory tusks, with a combined value of over R76
000 was seized. In another matter where this officer acted undercover as a
police buyer, elephant tusks to the value of R170 000 was confiscated.

The second nomination was for Wilmo Vermeulen, stationed at the organised
crime branch in Kimberly, Northern Cape, whose sterling work in acting
undercover as a police agent to crack open a case of rhino horn smuggling from
individuals who had close links to the Vietnamese Embassy in South Africa, a
case which received significant media attention and was also broadcast on
popular television programs 50/50 and Carte Blanche. He was also involved in
operations involving the seizure of abalone valued at over R17 million, with
nine suspects arrested.

The third nomination was for Cornelis Willem Louw, also stationed at the
Organised Crime branch in Uppington, Northern Cape. This official is the
investigating officer in the Frazerburg case where abalone weighing over 900
kilograms, and valued in access of R1 million was confiscated, with the case
still pending finalisation. He is also involved in several high profile rhino
horn smuggling cases, is a member of operation Black Rhino, a cross border
operation with Botswana involving the smuggling of endangered species, and
enjoys a good working relationship with provincial nature conservation
officials.

The fourth nomination was for Isak Fick, employed at SAPS Free State, for
his outstanding work in the Odendaalsrus case of illegal dumping of sewer water
into natural streams, which is still pending finalisation, but has the
potential of being a precedent-setting case, in that it is one of the first
instances where members of the local municipality will be charged in the
matter.

The fifth nomination was for David Silas, employed in the general detective
tracking unit in the Free State, for his work in Project Rhinestone, a major
precedent-setting case involving syndicated rhino horn poachers and smugglers,
where meticulous investigation has led to the arrest of six suspects on charges
of racketeering and money laundering under the Prevention of Organised Crime
Act.

The sixth nomination was for Jaco Oberholzer, stationed at the organised
crime division in the Free State. Jaco forms an integral part of the special
investigations team working in conjunction with the Free State provincial
department. Some of his major achievements include the closure of four illegal
sand mines after the issuing of directives by EMIs and the closure of three
mines on the Vaal River. Jaco also represents SAPS at various rhino and
elephant security group meetings.

The seventh nomination, and coming in at a close second place, was Riaan van
Rooyen, stationed at SAPS organised crime, Pietermaritzburg. Riaan is also a
designated EMI, a representative of the KwaZulu-Natal wildlife crime working
group, an honorary officer of Ezemvelo KwaZulu-Natal (EKZN), and a member of
the conservation task team to investigate the illegal hunting of rhinos in
KwaZulu-Natal. He is also a member of the Poison, Vulture, Oribi and Cape
Parrot Working Groups. Riaan has done outstanding work in uncovering the
poisons used in the muti trade to poison animals such as Leopard, Lion and
cheetah in an attempt to obtain their skins, teeth, claws, fat and tails. He
has also secured high profile arrests in the areas of rhino hunting, and
tortoise killing, also for muti purposes.

And finally, the winner in this category is Nic de Kock, who received two
nominations, stationed at SAPS general tracking unit in the Free State, and
also involved in project Rhinestone. Nic is a vital roleplayer in the
investigation of the largest rhino-poaching syndicate to date. He has conducted
four undercover operations which led to the arrest of the kingpin of the rhino
poaching syndicate. In other matters, his knowledge in tracking footprints led
to the discovery of three rhino carcasses, he was able to seize the illegal
translocation of seven lions while in transit in the North West. He has built
up a large informer base and enjoys an excellent relationship with the
prosecutors with whom he works, who have also been forthcoming in their praise
for his efforts. Therefore, it is my pleasure to present this award to Nic de
Kock.

The third and final category for outstanding contribution to the prosecution
of environmental crimes will be presented by Johan Kruger, and I would like him
to come up to say a few words prior to the announcement of the winner of the
award in this category.

Issued by: Department of Environmental Affairs and Tourism
19 February 2009
Source: Department of Environmental Affairs and Tourism (http://www.environment.gov.za/)