Centre for Environmental Rights – Advancing Environmental Rights in South Africa

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

Case No. WSH 47/2017

Date: 18 May 2017

In this matter, the accused entered into a plea and sentence agreement in terms of which they pleaded guilty to offences in the National Environmental Management Act, 1998 (NEMA) relating to the unlawful clearing of 45 hectares of endangered vegetation (Breede Alluvium fynbos) (Count 1) and the unlawful construction of a bridge across the Breede River (Count 2) and received the following sentence:

Count 1: The payment of a fine of R200 000.00 wholly suspended for five years on the condition that the accused is not convicted of an offence of contravening section 49A(1)(e) of NEMA  committed during the period of suspension; and that the accused file an application in terms of section 24G of NEMA with the Western Cape Department of Environmental Affairs and Development Planning (DEADP) on or before 1 September 2017

Count 2: the payment of a fine of R200 000.00 wholly suspended for five years on the condition that the accused in not convicted of an offence of contravening section 49A(1)(a) of NEMA committed during the period of suspensionl and that the accused file an application in terms of section 24G of NEMA with DEADP on or before 1 September 2017.

Download the plea and sentence agreement