Blue Scorpions releases its annual Compliance and Enforcement Report
The Department of Water and Sanitation announces the publication and release of the annual Compliance Monitoring and Enforcement Report covering the period April 2023 to March 2024. This is also the 10th year that this report is being produced.
The report provides:
• An overview of compliance and enforcement measures undertaken by the Department and its Catchment Management Agencies to enhance compliance to the National Water Act;
• Specific CME activities with regard to certain facilities or sectors;
• Compliance performance evaluation of all sectors and also highlights the performance as against targets for 2023/24;
• A reflection of the last 10-years in state of compliance and performance of the water sectors;
Summary of Findings in the CME Annual Report 2023/2024
Blue Scorpions: Environmental Management Inspectors (EMI’s)
There are currently 145 Blue Scorpions (EMI’s) designated by the Minister of Water and Sanitation. The DWS is part of the blue sector (freshwater) and brown sector (waste) and its performance data is also reported under the Environmental Secretariat and EMI network. During the reporting period there were 124 Blue Scorpions (EMI’s) designated by the Minister of Water and Sanitation during the reporting period with 21 CME officials that were trained during the reporting period that awaited their EMI designation and have been since designated.
Compliance Monitoring
The Blue Scorpions conducted inspections of 429 facilities. The compliance inspections conducted for the financial year for the different water sectors were as follows: Mining (91); Industry (73); Agro-Processing (20); Agricultural / Irrigation (69); Afforestation - SFRA (20); Government: Municipal Wastewater Treatment Works (75); and Waste disposal facilities (landfills) (9). The Breede Olifants CMA conducted 72 of these inspections.
The 357 water users monitored achieved a combined average performance level of 56% during 2023/24. The combined average performance percentage level of all water users per sector monitored for compliance from 2022/2023 (58%) to 2023/2024 (56%) shows a decline by 2%.
The SFRA (Plantations) at (73%), Industry at 67% and Agro-Processing at 67% achieved a compliance percentage score above 65%. The compliance percentage score for Mining was 60% and Irrigation was 60%, below 65% target.
The Government (WWTWs) sector score of 36% and Government waste disposal facilities (Landfills) score of 32% are sectors that scored a compliance level far less than 65%. When compared to 2022/2023 financial year these sectors have declined in percentage compliance.
Joint compliance monitoring of thirteen (13) for compliance with WARMS unit were performed under Irrigation Sector for Water Management Institutions (WMIs) and two (2) joint compliance monitoring inspections for Waste Disposal Facilities (WDF) were conducted with DFFE as well as two (2) self-regulation desktop audits for WDF were conducted.
Enforcement
During the 2023/2024 financial year, a total of 583 cases of non-compliance were reported. Of these, 467 were duly investigated, meeting the target with an 80% achievement rate. This notable increase in the number of cases examined is attributed to several factors, including a rise in reported pollution incidents and unlawful water uses identified during blitz operations. Among these cases, one hundred and forty-one (141) were related to the control of incidents resulting in water resource pollution which includes emergency incidents.
The Department undertook both administrative and criminal actions against water users found to be non-compliant. A total of two hundred and seven (207) notices of intention to issue directives were duly issued. Subsequently, fifty-nine (59) directives were issued.
During the reporting period, the Department successfully closed 126 cases, as the transgressors complied by rectifying the contraventions and implementing the requirements outlined in the Notices and Directives issued.
Furthermore, the Department laid sixty-three (63) criminal charges against non-compliant water users and polluters, and twelve (12) case dockets were finalized and referred to the National Prosecuting Authority (NPA) for a decision.
Joint Enforcement Operations
Over the past three financial years, the joint operations by DWS Enforcement Units have shown fluctuating trends in the number of reported non-compliance cases. In 2021/2022, a total of 30 joint operations were conducted to address reported non-compliances. This number decreased in 2022/2023, with 25 joint operations conducted. In the current 2023/2024, there has been an increase to 46 joint operations.
The Department reaffirmed its commitment to environmental protection and water security with two landmark legal rulings against Govan Mbeki Local Municipality and Msukaligwa Local Municipality. These rulings set a precedent for strict enforcement of environmental laws and municipal accountability. In the Govan Mbeki matter the Bethal Regional Court in Secunda found the Municipality guilty of multiple violations under the National Water Act, 1998 and environmental legislation and imposed a R150 million fine to be used for urgent repairs.
In another significant ruling, the Middelburg High Court held Msukaligwa Local Municipality accountable for polluting water resources through its mismanagement of the Ermelo Wastewater Treatment Works. These cases highlight the urgent need for municipalities to adhere to environmental and water management regulations.
Reflection of 10-years Compliance Performance
During the last 10 years DWS has conducted a total of 3608 compliance inspections for various water users. Therefore, an average of 361 compliance inspections have been conducted each year. The average of the compliance performance percentage (%) for the water sector are 55% over the last 10 years for DWS. During the last 10-years 4057 enforcement cases were investigated and 164 criminal cases opened.
Since 2017, DWS has opened 105 criminal cases for sewage pollution involving 53 municipalities, across all 9 provinces. The substantial rise in the number of cases investigated highlights the increased efforts and focus on thorough investigative processes during the financial year 2023/2024.
Compliance Monitoring: the Blue Scorpions will continue to build on targets set for compliance monitoring whilst pursuing more effective and quicker ways and measures of achieving compliance in the water sector. Furthermore, strategic audits through profiling the catchment is earmarked for piloting the strategic audit concept and developing the reporting template and SOP accordingly while training of new officials taking over the CM function will be critical to ensure continuity in the monitoring process.
Enforcement: The overarching objective is to strengthen the enforcement function within the Blue Scorpions, enhancing the ability to effectively address cases of non-compliance and transgressions. As a result, the infusion of skilled individuals from different departmental units into the CMAs serves to consolidate and augment the criminal enforcement function and aligning with the strategic direction of the Department.
CME Training & Systems integration: The DWS CME Strategy approved in March 2018 is progressively being implemented with the further training of CME personnel within DWS and the CMAs and external stakeholders and well as further development, enhancement and integration of the IT information Application Systems. Additionally, Capacity Development, Systems and Support unit within WUCME has embarked on the development of an e- Learning platform to facilitate the management and dissemination of training content to WUCME officials and Environmental Management Inspectors (EMI) at national, provincial, and CMA levels.
The CME Annual Report 2023/2024 can be accessed on DWS Website: CME Annual Report 2023/24 / https://www.dws.gov.za/Documents/RSP.aspx
Enquires:
Wisane Mavasa, Spokesperson for the Department of Water and Sanitation
Cell: 060 561 8935
