Centre for Environmental Rights – Advancing Environmental Rights in South Africa

Copies of the following records were requested:

A. Environmental Mineral Resource Inspectors

1) A list of (or records indicating) the number of staff employed by the DMR who have, as at 31 March 2019, been designated as Environmental Mineral Resource Inspectors (EMRIs) in terms of section 31BB of NEMA, including:

1. their grade
2. their primary functions – management or operational; and
3. in which office of the DMR they are based.

2) Any record or records, showing the following information:

1. The number of DMR officials who have undergone the EMRI training and who are awaiting designation as at      31 March 2019?
2. The number of DMR officials that are expected to undergo training in the 2019/2020 financial year?

B. Compliance Monitoring

1) Any record or records that contain the following information:

1. The number of mines that were inspected during the 2017/18 and 2018/19 financial years respectively? Please provide a breakdown per region.
2. The number of inspection reports, issued by the DMR to mining companies that were inspected during the 2017/18 and 2018/19 financial years respectively; and the number of responses received from (or on behalf of) mining companies to whom they were issued. Please provide a breakdown per region.

C. Administrative Enforcement

Any record or records containing information pertaining to pre-administrative enforcement notices at mines, including the following:

1.  The number of notices of intention to issue a compliance notice in terms of section 31L of NEMA (pre-compliance notices or PCNs) issued during the 2017/18 and 2018/19 financial years respectively. Please provide a breakdown per region.
2.  The number of notices of intention to issue a directive in terms of section 28(4) of NEMA (pre-directives) issued during the 2017/18 and 2018/2019 financial years respectively. Please provide a breakdown per region. Any record or records containing information pertaining to administrative enforcement notices at mines, including the following:
3.  The number of compliance notices in terms of section 31L of NEMA issued during the 2017/18 and 2018/19 financial years respectively. Please provide a breakdown per region.
4.  The number of directives in terms of section 28(4) of NEMA issued during the 2017/18 and 2018/19 financial years respectively? Please provide a breakdown per region.

D. Criminal Enforcement

In respect of criminal offences under the MPRDA, NEMA and relevant regulations that relate to mines during the 2017/18 and 2018/19 financial years, please provide a record or records containing the following details per year:

1.  The number of arrests made by EMRIs or by the South African Police Services (SAPS). Please provide a breakdown per region.
2.  The number of criminal dockets registered by EMRIs or by the SAPS. Please provide a breakdown per region.
3.  The number of cases handed to the National Prosecuting Authority (NPA) by either the EMRIs or SAPS. Please provide a breakdown per region.
4.  The number of cases handed to the NPA that the NPA has declined to prosecute (i.e. the number of nolle prosequi decisions issued by the NPA).
5.  The number of convictions secured by the NPA. Please provide a breakdown per region.
6.  The number of section 105 plea and sentence agreements entered into. Please provide a breakdown per region.
7.  The number of acquittals granted in respect of cases handed to the NPA. Please provide a breakdown per region.

E. Section 24G of NEMA

In respect of the 2017/18 and 2018/19 financial years, please provide a record or records containing the following details per year:

1.  The number of applications in terms of section 24G received by the DMR. Please provide a breakdown per region.
2.  The number of fines issued in terms of section 24G? Please provide a breakdown per region.[If the applications are all dealt with by head office, please simply mention how many pertain to mines in each of the regions.]
3.  The total monetary amount of fines issued? (i.e. the sum of all fines added together represented in Rands.)
4.  The total amount paid in fines? (i.e. the money that has actually been paid in respect of fines issued.)