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AfriForum submitted comments to Parliament following the proposed amendments to certain provisions of the National Environmental Management Act (NEMA) (No. 107 of 1998) as set out in the NEMA Amendment Bill (No. 13 of 2012).

According to Julius Kleynhans, AfriForum’s Head of Environmental Affairs, some of the amendments are a cause for concern. ‘AfriForum strongly opposes the division in environmental responsibility which will enable the Department of Mineral Resources (DMR) to make decisions regarding environmental management in the mining sector. We feel that this will give them a monopoly,’ said Kleynhans.

‘The Department of Environmental Affairs (DEA) focuses on the wellbeing of the environment while the DMR focuses on issuing mining and prospecting licences. Giving the DMR free reign to manage environmental matters will be catastrophic if you look at the current situation in South Africa. Where the DEA would usually intervene in developing or prospecting in an environmentally sensitive area, the DMR will now have the power to always have their way,’ Kleynhans added.

AfriForum is concerned that this amendment will pose a serious risk to the environment and future wellbeing of South Africa.

AfriForum strongly supports the amendment which stipulates that NEMA is binding on the state. ‘This is an excellent amendment since the previous section was unconstitutional. This bill will ensure that those responsible, in this case the state, will be held accountable for environmental offences,’ said Kleynhans.

AfriForum will monitor the proposed amendments to ensure that the law is developed to sustainability protect the environment.