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S v Die Straat Trust (plea and sentence agreement)

23 March 2017

Regional Court for the Regional Division of the Western Cape, held at Worcester

Case no. 3WRC2/2017

Date: 23 March 2017

In this matter, the accused, Die Straat Trust, entered into a plea and sentence agreement with the State in terms of which the accused pleaded guilty to offences in terms of the National Water Act, 1998 (NWA) and was sentenced to payment of a R150 000.00 fine suspended for five years on the condition that the accused is not convicted of an offence in terms of section 151 of the NWA, the Water Registration Regulations, 1999.

The accused is also required in terms of the plea and sentence agreement to rehabilitate the environmental damage caused by it in accordance a rehabilitation plan within the timeframes specified in the rehabilitation plan. It is not clear whether or not that part of the sentence is linked to the suspension of payment of the R150 000.00 fine.

Download the plea and sentence agreementĀ 

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Section 24of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

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