Date: 25/11/2009
Source: The Department of Water and Environmental Affairs
Title: SA: Sonjica: Release of the National Environmental Compliance and Enforcement Report 2008/9, Pretoria

A total of 4661 environmental cases were reported nationally for the
period 01 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 01 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 R 1, 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 G
administration fines has more than doubled from about R 6,8 million to
nearly R 15, 5 million. These fines are paid as part of the
administrative process to rectify the illegal commencement 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 KZN 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
authorizations. 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 minimize air
pollution. The Paper and Pulp Sector also came under the spotlight with
a number of facilities being inspected towCapacity 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 traveled to the 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
standardization of maximum penalties for environmental offences from
hundreds of thousands of rands to 5 years / R 5 million for a first
offence and 10 years / 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.