South African authorities have said that they are ramping up efforts to combat environmental crimes; with increased compliance inspections.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
Environmental regulation is established within the country to\u00a0manage environmental resources, protect the environment, and address environmental challenges. <\/p>\n\n\n\n
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.<\/p>\n\n\n\n
Inspections are driven by two primary factors: proactive measures and reactive responses to complaints. Proactive inspections include permit reviews, routine checks, and strategic evaluations.<\/p>\n\n\n\n
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<\/strong> compared to the previous year.<\/p>\n\n\n\n The majority of inspections (52%) focused on waste and pollution management, followed by biodiversity (41%) and oceans and coasts (7%).<\/p>\n\n\n\n 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. <\/p>\n\n\n\n Common issues included insufficient resources, improper waste disposal practices, and sites functioning as uncontrolled dumping grounds.<\/p>\n\n\n\n Administrative enforcement actions, such as issuing directives and notices, are the preferred approach for addressing “brown” environmental issues (pollution, waste, and EIAs). <\/p>\n\n\n\n In 2023\/24, KwaZulu-Natal EDTEA, Western Cape DEADP, DFFE, Gauteng DARDE, and DWS issued the highest number of administrative notices.<\/p>\n\n\n\n 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%). <\/p>\n\n\n\n Additionally, 52 criminal cases were opened against municipalities for non-compliant landfill sites, with 8 cases resolved through plea bargains. However, the DFFE say that higher sentences for criminal convictions demonstrate a shift towards “impactful enforcement”.<\/p>\n\n\n\n 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. <\/p>\n\n\n\n Noteworthy cases include:<\/p>\n\n\n\n It concludes that combining proactive inspections with robust enforcement is key to deterring environmental offenses and ensuring compliance.<\/p>\n\n\n\n Challenges remain<\/strong><\/p>\n\n\n\n While the report shows progress from the Green Scorpions\u2019, it emphaised that multiple challenges remain. <\/p>\n\n\n\n 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. <\/p>\n\n\n\n “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.<\/p>\n\n\n\n In this vein, Singh said that fines of R5 million to R20-million for environmental offences were insignificant for certain offenders. \u201cWe need to see some CEOs and municipal managers in orange overalls,\u201d for such crimes,” he said.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n However, some noteworthy crimes persued by the Green Scorpions has been a lot more political bark than bite.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n\n