Major crackdown on companies and municipalities in South Africa – with possible jailtime for leaders

South African authorities have said that they are ramping up efforts to combat environmental crimes; with increased compliance inspections.

The Deputy Minister of Forestry, Fisheries, and the Environment (DFFE), Narend Singh, has warned that jail time may be best to deter corporate and municipal leaders.

This was discussed at the 10th National Environmental Compliance and Enforcement Lekgotla in the Drakensberg on 18 November; the biennial gathering of the Green Scorpions, the government body responsible for enforcing environmental protection regulations.

At the event, Singh unveiled the 2023/24 National Environmental Compliance and Enforcement Report, which highlights a 30% increase in facility inspections over the year: from 4,333 in 2022/2023, to 5,643 in 2023/24.

Environmental regulation is established within the country to manage environmental resources, protect the environment, and address environmental challenges.

The report underscores that a single facility often requires multiple environmental authorisations, licenses, or permits, each necessitating detailed inspections to ensure compliance with its specific conditions.

Inspections are driven by two primary factors: proactive measures and reactive responses to complaints. Proactive inspections include permit reviews, routine checks, and strategic evaluations.

Out of the 5,643 total inspections conducted, 3,176 (56%) were proactive, while 2,467 (44%) were reactive, reflecting a notable 122% increase in reactive inspections compared to the previous year.

The majority of inspections (52%) focused on waste and pollution management, followed by biodiversity (41%) and oceans and coasts (7%).

Despite ongoing monitoring, only 19% of the 357 municipal landfill sites inspected over a five-year period were found to be compliant, highlighting ongoing challenges.

Common issues included insufficient resources, improper waste disposal practices, and sites functioning as uncontrolled dumping grounds.

Administrative enforcement actions, such as issuing directives and notices, are the preferred approach for addressing “brown” environmental issues (pollution, waste, and EIAs).

In 2023/24, KwaZulu-Natal EDTEA, Western Cape DEADP, DFFE, Gauteng DARDE, and DWS issued the highest number of administrative notices.

Criminal convictions were pursued in some cases, with SANParks leading with 30 out of 66 convictions (45%), followed by DFFE (21%) and Cape Nature (20%).

Additionally, 52 criminal cases were opened against municipalities for non-compliant landfill sites, with 8 cases resolved through plea bargains.

The report shows a decrease in criminal enforcement actions, with registered criminal dockets dropping from 885 to 634, and the total value of admission of guilt fines declining by 15% compared to the previous year.

However, the DFFE say that higher sentences for criminal convictions demonstrate a shift towards “impactful enforcement”.

The report highlights successful prosecutions for various environmental offenses, including violations of waste management licenses, air emission limits, and illegal activities related to protected species.

Noteworthy cases include:

• State v Shadrack Matambo; Thabani Lusiko Sibanda; and Sibusiso Leonard Khumalo: Sentences of 10, 12 and 8 years direct imprisonment for cycad-related theft and illegal activities.
• State v Lekwa Local Municipality: A criminal conviction and fine of R70 million to address sewage pollution and repair infrastructure over three years.
• State v R Ngulube: A 10-year direct imprisonment sentence for illegal possession, export of abalone, and facilitating money laundering.

It concludes that combining proactive inspections with robust enforcement is key to deterring environmental offenses and ensuring compliance.

Challenges remain

While the report shows progress from the Green Scorpions’, it emphaised that multiple challenges remain.

This is particularly when it comes to in attending to pollution, which impacts air quality, illegal waste disposal, and land degradation resulting from the proliferation of invasive plant species.

“While strides are being made in environmental compliance, significant work is needed to address pervasive issues like untreated sewage discharge to land, freshwater, and coastal areas.

In this vein, Singh said that fines of R5 million to R20-million for environmental offences were insignificant for certain offenders. “We need to see some CEOs and municipal managers in orange overalls,” for such crimes,” he said.

He said that he met National Prosecuting Authority (NPA) head Shamila Batohi last week and she expressed willingness to work more closely with the Green Scorpions to prosecute environmental crimes.

However, some noteworthy crimes persued by the Green Scorpions has been a lot more political bark than bite.

Daily Maverick has reported how there has been an over three-year delay in setting a court appearance for the Mumbai-based UPL pesticides and agrochemicals giant in the aftermath of the July  2021 air, ground, water and sea pollution north of Durban.

Several criminal cases were opened against UPL by the Green Scorpions at the Verulam Police Station more than three years ago in case number CAS 06/09/2021, but no court date has yet been set in connection with alleged crimes by the company.

The full report can be found below:

Read: Government crackdown on businesses – what employers in South Africa need to know