Environment & Natural Resources News South Africa

Environmental Affairs launches law enforcement report

The National Compliance and Enforcement Report (NECER) 2012/13, which provides a national overview of environmental compliance and enforcement activities undertaken by relevant institutions during the period 1 April 2012 to 31 March 2013, has been launched by the Department of Environmental Affairs.
Environmental Affairs launches law enforcement report

The NECER includes the work of the Environmental Management Inspectorate (EMI), commonly known as the Green Scorpions. EMIs are tasked with ensuring the implementation of and adherence to specific pieces of national environmental legislation.

An overview of the criminal enforcement activities for the 2012/13 period shows that a total of 1,818 arrests were made by the Green Scorpions as compared to 1,339 in the previous financial year. 1,488 criminal dockets were registered during this period compared to 1,080 in the 2011/12 period.

Decrease in convictions

The report also indicates a slight decrease in the number of convictions obtained nationally, from 82 in 2011/12 to 70 convictions in 2012/13, while the number of acquittals remained stable, increasing from seven to eight over the same reporting periods. A total of 993 admission of guilt fines were paid to the value of R654,250, while in the previous financial year, 759 fines amounting to a total of R470,080 were paid.

The total value of money paid as a result of the issuing of section 24G administrative fines as provided for in the National Environmental Management Act decreased from R17.6m in 2011/12 to R5.3m in 2012/13. These fines are paid as a consequence of the illegal commencement of Environmental Impact Assessment and waste management listed activities.

From the period April 2012 - April 2013, 50 rhino poaching cases were finalised, with 69 accused convicted and two acquitted. 36 accused were sentenced to direct imprisonment without the option of a fine, while 23 accused had the case against them withdrawn. 16 accused were convicted for the possession of rhino horn, eight for the illegal dealing in rhino horn and 20 for the illegal hunting of rhino.

Elephant ivory

In addition to the significant sentences handed down by the courts for rhino poaching, there have also been several cases in the Western Cape and Gauteng, which relate to the illegal possession of elephant ivory where the accused face imprisonment of between three and ten years. Three cases of the illegal gathering of cycads were finalised in Limpopo and Kwazulu-Natal involving a total of 101 cycads plants.

Finally, Operation Cold Blood investigated the illegal trade in reptiles in which 118 reptile keepers/pet shops were inspected, primarily in KwaZulu-Natal, Northern Cape, Eastern Cape and the Free State. This joint operation was aimed at not only assessing compliance with national and provincial legislation, but also to raise awareness of international obligations, for example, the import and export obligations imposed by the Convention on the Trade in Endangered Species.

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