Section 24 of our Constitution states that everyone has the right to an environment that is not harmful to their health or well-being and that they have the right to an environment that is protected for the benefit of present and future generations, through reasonable legislative and other measures.
The Environmental Management Inspectorate (EMI), popularly known as the Green Scorpions, is one of the networks that is tasked with the mammoth responsibility of giving effect to section 24 of the constitution.
The Green Scorpions were established in terms of an amendment to the National Environmental Management Act (NEMA), which came into effect on 01 May 2005. The EMI is a network of environmental compliance and enforcement officials from different government departments (National, provincial and municipal).
Today, the Green Scorpions have gathered for their fourth Environmental Compliance and Enforcement Lekgotla. The Lekgotla is convened under the pertinent theme, “Pause, Hold, Engage – Green Scorpions: Half a Decade On.”
The five day long Lekgotla is a comprehensive engagement which will see a wide range of key issues being discussed and work shopped. The Green Scorpions will also use this opportunity to reflect on the five years of their existence, as 2011 marked five years since the commencement of operations by the Inspectorate.
The first 26 EMIs were designated by the former Minister of Environmental Affairs and Tourism (DEAT), Marthinus van Schalkwyk in June 2005. Today, we have seen this number grow to approximately 1080 since their inception.
Since the last Lekgotla which took place in February 2009, some important initiatives have been undertaken to support the work of the Green Scorpions. These initiatives were aimed at developing a framework within which the Green Scorpions and other key role-players could operate and include the publication of an EMI Operating Manual; production of a Magistrates Benchbook to provide guidance to judicial officers in dealing with environmental cases; update of the Prosecutor’s Guidelines; specialised EMI courses on priority compliance and enforcement topics have been conducted, and 559 learners underwent basic training through various institutions that were responsible for training of EMIs.
Perhaps one of the most significant areas of progress recorded was with regard to the effecting of legislative amendments that strengthened the powers of the Green Scorpions and also increased penalties, for example, there are now maximum fines of R5 million and R10 million depending on the offences that have been committed. In the Silicon Smelters case in Witbank, a fine of R3 million was issued in August 2011 and the facility spent R13 million on improvements to minimise the impact from the site on the community and the environment.
In the last few years we have seen that the prosecution of environmental crime has improved. In terms of a new structure implemented within the National Prosecuting Authority, certain resources were directed specifically to the prosecution of environmental offences. Advocates within a number of the provincial offices of the Directorate of Public Prosecutions were assigned to co-ordinate and manage certain environmental cases and a national coordinator was appointed.
This resulted in a number of long outstanding cases being finalised and other newer cases reaching court within much shorter timeframes. A workshop will be held during the Lekgotla, to specifically discuss how we can build on this success and continue to recognise the importance of environmental crime and the need for dedicated resources in order to handle these, often very complicated, cases.
The enforcement work and zero tolerance approach of the Green Scorpions in relation to the Healthcare Risk Waste (HCRW – medical waste) sector has resulted in an important shift towards greater compliance within the industry in general. Operators within this sector are aware that if laws are contravened, harsh action will be taken. In addition, a number of facilities that were negatively impacting on human health and the environment have either been shut down, or forced to spend money on the necessary improvements to minimise the impacts from these facilities.
A recent case that was finalised in the Eastern Cape found Aesthetic Waste guilty of storing HCRW without the necessary authorisation and the company was sentenced to a fine of R200 000 (the maximum fine applicable at the time the offence was committed). This case demonstrates the perseverance of the Inspectorate as this offence took place in 2008.
The most important criminal case in relation to HCRW is the case of medical waste buried in Welkom, which will probably only come before the High Court in Bloemfontein towards the end of this year. The clean-up operation associated with this waste (which involved the removal of 18 000 tons of waste and soil at a cost of approximately R55 million) was undertaken over a period of 10 months in line with a compliance notice issued by the Green Scorpions.
A significant amount of work has been done over the last five years in relation to proactive industrial compliance and enforcement work. In this regard, the Green Scorpions focused on the Ferro-Alloy, Iron and Steel Industry; Refineries; Cement; Paper and Pulp and Hazardous Waste facilities.
During the initial inspections a significant number of non-compliances were detected and reports were issued to the facilities, providing them with an opportunity to address the relevant contraventions detected. The last two years has then been spent undertaking a large number of follow-up inspections in order to evaluate whether levels of compliance have increased through action taken by facilities following the initial baseline assessments.
It should be noted that there is a gap of approximately two to three years between the initial inspection and the follow-up inspection, more than sufficient time for facilities to take meaningful steps towards achieving compliance.
In general, however, it appears as if the approach adopted (i.e., providing the facilities a period of time to come into compliance) has not achieved the desired results. Many of the follow-up inspections have identified the need for enforcement action, particularly in relation to contraventions of the National Environmental Management: Waste Act.
In most cases it is only when enforcement action is taken, that many of the companies respond by implementing measures and setting aside funding to ensure compliance. For example, during the 2010/11 financial year, we saw some positive results of enforcement action that had been taken in previous years.
The enforcement action taken by the Green Scorpions against ArcelorMittal Vereeniging, which required the implementation of measures to address the significant fugitive emissions resulted in the commissioning of a secondary extraction system at a cost of R220 million. Assmang Cato Ridge also commissioned its R100 million extraction system in response to enforcement action taken which had been taken by the Green Scorpions back in 2007.
We are currently in the process of taking enforcement action against a number of facilities, in the form of either administrative or criminal enforcement action, and in some cases, a combination of both.
In the last four years (from 2007/08 to 2010/11 financial years) a total of 9404 criminal dockets and admission of guilt fines were registered. Since 2007/ 08 a total of 6986 arrests were recorded. The number of warning letters, pre-directives, pre-compliances, final directives and final notices issued as well as civil court applications launched, peaked in 2009/10; with a total number of 385 in 2008/9 to 1260 in 2009/10 followed by a slight decline in 2010/11 to 729.
However the EMI network has also experienced its own set of challenges in the past five years. Insufficient funding, capacity and resource constraints are some of the most serious challenges facing the Inspectorate. The Inspectorate also competes with the private sector for competent and dedicated staff. Managing the inspectorate across the different institutions, while trying to ensure a national profile, has its own tribulations.
In 2012 we aim to prioritise the roll out of the Green Scorpions to local authorities. In fact the first implementation protocol in this regard will be signed by the MEC for Economic Development, Environment and Tourism (LEDET), Mr Pitsi Moloto and Executive Mayors at a gala dinner tonight. Furthermore, I will preside over the handing over of the EMI Awards of Excellence at this gala dinner.
Enquiries:
Albi Modise on
Cell: 083 490 2871 or
Peter Mbelengwa
Cell: 082 611 8197
Statement by the Deputy Minister of Water and Environmental Affairs, Ms Rejoice Mabudafhasi at the Environmental Compliance and Enforcement Lekgotla
