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S v Groenriviereiendomme (Pty) Ltd and Pieterse (plea and sentence agreement)

18 May 2017

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 

 

 

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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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Contact the National Environmental Crimes & Incidents Hotline (24 hours) or one of the national and provincial hotlines.