Green Scorpions sting more polluters

02 November 2015 - 18:46 By RDM News Wire

There has been an 8.5% increase in the past year in the number of criminal dockets registered by environmental management Inspectors (EMIs)‚ popularly referred to as the Green Scorpions. The number of criminal dockets registered increased from 1‚861 to 2‚019‚ the National Environmental Compliance and Enforcement Report (NECER) for 2014/15 shows.However‚ the report‚ launched on Monday by the Department of Environmental Affairs at Lekgotla near Rustenburg in North West‚ stated that the total number of arrests by EMIs had generally decreased from 1‚818 in 2012/13 to 1‚371 in 2013/14 and 1‚259 in 2014/15.The number of criminal dockets handed to the National prosecuting Authority (NPA) had also decreased by 33% from 379 in 2013/14 to 253 in 2014/15. Convictions reported decreased by 16.7% from 78 reported in 2013/14 to 65 in 2014/15.“These figures indicate that‚ although the Inspectorate has increased the number of dockets registered‚ that there is room for improvement in the finalisation of investigations and subsequent convictions‚ bearing in mind that the criminal procedure process does take an extended period of time to finalise that often spans two reporting periods‚” the report noted.The total number of administrative notices (pre-and final) issued increased from 709 in 2013/14 to 729 in 2014/15. The total number of warning letters issued increased significantly from 228 in 2013/14 to 364 in 2014/15 which equates to an increase of 59.64%.“This shows a tendency to use less formal enforcement mechanisms to achieve compliance‚” the department said.With respect to the undertaking of compliance inspections; there were a total of 2‚889 facilities inspected in 2014/15‚ which reflects an increase of 1.3% from the 2‚849 facilities inspected in 2013/14. Of the total number of facilities inspected‚ 58.97% (1‚706) were against environmental impact and pollution requirements‚ while 40.79% (1‚180) were in the biodiversity/protected areas subsector and 0.24% (7) were inspected against marine/coastal issues.The total number of non-compliances detected during inspections has increased from 1‚539 in 2013/14 to 2‚177 in 2014/15‚ representing a significant 41.45% increase. According to the department‚ this could indicate that that the level of non-compliances that are being detected through the undertaking of inspections has increased.The highest sentence of direct imprisonment without a fine option was recorded in the case of S v Cheng Jie Liang. (Table View Mas 316/09/2012). The accused was sentenced to 10 years direct imprisonment of which three years were suspended on condition that the accused pay a fine of R5 million within 12 months. The investigation was undertaken by Cape Nature in terms of section 42(1) of Nature Conservation Ordinance 19 of 1974.The highest sentence for a pollution and waste case was achieved by the national Department of Environmental Affairs in the matter of the State v Samancor Chrome Ltd for a contravention of section section 29(4) of ECA. The accused was found guilty on two counts and sentenced to a fine of R 200‚000.“The noteworthy aspect of this case‚ was‚ however‚ the additional court order that the accused was required to pay R1 million to DEA’s Inspectorate for the ‘proper execution of their duties‚ environmental rehabilitation and enforcement training…’; R700‚000 to DEA‚ who was ordered to ‘in conjunction with the Steelport Primary School‚ liaise with the Department of Education to develop environmental initiatives for the benefit of the school’ ; and R100 000 in respect of prosecution costs.“This case illustrates that the ‘polluter pays’ principle is finding effective application in our courts of law.”..

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