A total of 4661 environmental cases were reported nationally for the period 1 April 2008 to 31 March 2009. During this period the total number of criminal dockets registered was 2412 compared with 1762 in the previous reporting period.
This was announced by the Minister of Water and Environmental Affairs, Ms Buyelwa Sonjica today during the release of the National Compliance and Enforcement Report (NCER) 2008/09 in Pretoria. The report provides a national overview of environmental compliance and enforcement activities undertaken by the relevant institutions across the country during the period 1 April 2008 to 31 March 2009.
At a national level a total of 2 547 summons and arrests were recorded. The report indicates that nationally 258 convictions were obtained for the period, compared with 748 in the previous reporting year. This decrease in convictions is a cause for concern, particularly in light of the increase in the total number of criminal dockets registered during the year under review. Many cases have experienced substantial delays within the prosecution system, confirming the urgent need for dedicated courts to deal with these types of cases.
What is positive is the total number of acquittals which decreased from 441 the previous year to 18 in 2008/09.
The total number of admission of guilt fines nearly doubled from 2007/08 from R 744 706 to approximately R1,4 million in 2008/09. A significant volume of environmental enforcement work is undertaken through the use of administrative enforcement tools such as directives and compliance notices and it is clear from the figures that there has been an increase in the total number of directives issued (to take corrective action) from 246 in the previous year to 273.
The total amount of money paid in relation to section 24 administration fines has more than doubled from about R6,8 million to nearly R15,5 million. These fines are paid as part of the administrative process to rectify the illegal commencement Environmental Impact Assessment (EIA) listed activities.
The report reflects the work of all environmental compliance and enforcement officials operating at a national and provincial level, with certain sections focusing particularly on the Environmental Management Inspectorate (Green Scorpions). For more information on the EMI click on http://emi.deat.gov.za/
There has also been an increase in the number of EMI’s on the national register from 866 to 903. EMI’s are located within the national and provincial environment departments, SANParks, Isimangaliso Wetland Park, Cape Nature, Ezemvelo KwaZulu-Natal Wildlife as well as the Mpumalanga Tourism and Parks Agency.
Marine and Coastal Management (a branch of the Department of Environmental Affairs) recorded the highest number of convictions at 206.
In terms of industrial compliance and enforcement, following on from sector specific work conducted in the previous year, further inspections were undertaken at facilities that had not been previously inspected as part of Operation Ferro and the refineries project. Such inspections continue to detect non-compliance related to exceedances in emissions, illegal waste sites and contraventions of conditions across the range of authorisations. While commitment to address these issues has been received in response to the inspection findings, with fairly drastic measures in some cases, enforcement action needs to be stepped up.
The blitz on the cement sector identified dust pollution as the major problem. Following the inspections, management of all nine facilities committed to addressing this issue for instance by upgrading air pollution abatement equipment and further investigating possible fugitive dust emission sources as well as measures to minimise air pollution. The paper and pulp sector also came under the spotlight with a number of facilities being inspected capacity building for EMIs, magistrates and prosecutors continues to be a priority for the Department of Environmental Affairs. In 2008 the EMI basic training was presented by three tertiary institutions, namely University of South Africa, University of Pretoria and Cape Peninsula University of Technology. Just over 140 officials received basic training during this period. In 2008/09 53 officials attended a two day training course by the United Kingdom Environment Agency. Six officials travelled to the United Kingdom (UK) on a fellowship programme to gather skills and knowledge in relation to criminal investigation, industrial compliance inspections and prosecution of environmental crimes.
Countrywide workshops with magistrates and prosecutors continue to provide a platform for EMIs to highlight their challenges in the enforcement of environmental legislation. In 2008/09 five workshops were conducted. Magistrates and prosecutors are also exposed to the daily work environment of local EMIs. A process is currently underway to develop a Magistrate’s Benchbook on Environmental crime, following a similar publication for prosecutors.
The Standard Operating Procedure (SOP) between the South African Police Services and the EMI was finalized and launched in February 2009. This SOP sets out the respective roles and responsibilities of the two law enforcement agencies in relation to the investigation of environmental crimes. This is aimed at providing a sound platform from which more effective criminal enforcement can take place.
A number of steps are now in motion in order to address many of the challenges experienced in effectively enforcing the environmental laws. A meeting between the Minister of Justice, Jeff Radebe, and Minister of Water and Environmental Affairs, Buyelwa Sonjica, in September 2009 resulted in the decision to move forward with the process of re-establishing environmental courts. Officials within the relevant departments are now working on the details and processes which will be submitted to the Ministers for consideration. It is envisaged that the establishment of dedicated courts (including dedicated prosecutors) would have a profound impact on the fight against environmental crime.
The commencement of new legislation such as the NEM: Waste Act and the various Environmental Laws Amendment Acts during 2009 should now provide additional tools to ensure effective enforcement and compliance monitoring. These amendments have resulted in an increase and standardisation of maximum penalties for environmental offences from hundreds of thousands of rands to five years; R5 million for a first offence and 10 years and R10 million for a second or subsequent offence.
Many of the provisions in the amendments are focused on compliance and enforcement issues and were driven by proposals made by the implementers of the legislation (magistrates, prosecutors and EMIs).
The Minister further urges members of the public to report environmental incidents and crimes to the 24 hour hotline. The line has seen a decline in reported cases from 333 to 219. Minister Sonjica reiterated the important role of citizens in assisting the department to clamp down on offences.
The hotline number is 0800 205 005.
To access the NCER 2008/09 report click on the link below http://www.environment.gov.za/HotIssues/2009/NEC-EnforcReport0809/NEC EnforcReport0809.pdf
For media queries contact:
Albi Modise
Cell: 083 490 2871
Issued by: Department of Environmental Affairs
25 November 2009
