Centre for Environmental Rights – Advancing Environmental Rights in South Africa

The Environmental Management Inspectorate has just released its comprehensive results in its National Environmental Compliance and Enforcement Report for 2010-11. The full report can be downloaded from the Department of Environmental Affairs’ website. Highlights from this report include the following:

• As at the end of 2010/11, there are 1076 EMIs. Besides SANPARKS which has 603 EMIs, there are 413 operational compliance and enforcement EMIs that are divided into the following sub-sectors: 183 are responsible for pollution, waste and EIA; 229 are
  responsible for biodiversity and protected areas; and a single EMI is responsible for integrated coastal management
• There has been a 31.27 % decrease in the number of reported environmental incidents, from 5 739 in 2009/10 to 3 944 in 2010/11
• 736 criminal dockets were registered, 234 criminal cases were handed to the NPA for prosecution, and 72 criminal convictions were reported in the 2010/11 financial year
• 547 administrative notices were issued, including 266 pre-compliance notices
• There has been a 40% (6) decrease in the number of civil court applications launched as compared to the 10 launched in the 2009/10 financial year
• There has been a slight decline in the total amounts paid in respect of section 24G administrative fines from R8 874 966.10 in 2009/10 to R8 364 870 in 2010/11
• A decrease in the number of proactive inspections from 5 701 in 2009/10 to 2 196 in 2010/11 reflecting a decline of 61.48%
• A slight decline in the total number of reactive inspections from 596 in 2009/10 to 558 in the 2010/11 financial years
• A dramatic increase in follow-up inspections conducted from 283 in 2009/10 to 833 in 2010/11
• An increase in the total number of inspections that required enforcement actions to be taken from 289 in 2009/10 to 433 in 2010/11.
• SANPARKS recorded the highest number of criminal dockets registered (250) with 28 of those handed to the NPA, followed by Ezemvelo KZN Wildlife with 168 criminal dockets; and thirdly the Limpopo provincial department with 83 dockets registered. The lowest numbers of criminal dockets registered were in the Western Cape, Mpumalanga and Eastern Cape provincial departments.
• Limpopo recorded the highest number of arrests (832) by EMIs and they also handed 51 criminal dockets to NPA
• Eastern Cape collected the highest amount of admission of guilt fines (J534s) amounting to R262 600
• Mpumalanga has recorded the highest number of administrative enforcement tools with 58 pre-compliance notices and pre-directives and 60 final compliance notices and directives
• The Western Cape provincial department issued 76 warning letters, the highest compared to other EMI Institutions
• Gauteng recorded the highest amount collected through the issuing of S24G fines, being R3 597 370 from 43 cases
• Highest sentence of direct imprisonment without a fine option: 10 years without option of fine (Limpopo)
• Highest sentence for a pollution and waste case: Acc 1: R2 million of which R1 million suspended for 5 years; Acc 3: R100 000 of which R50 000 suspended for 3 years (DEA)
• Highest number of Section 24G fines: 58 issued of which 43 of them were paid amounting to R3 597 370 (Gauteng)
• The highest number of administrative enforcement notices issued: 118 (Mpumalanga)

In addition to reflecting the transfer of the Marine Coastal and Management Branch in the DEA to the Department of Agriculture, Forestry and Fisheries, the results also likely reflect improvements in the accuracy of reporting.