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Posted by Enviroadmin
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Tuesday, 03 May 2011 04:39 |
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In a landmark case, the Pretoria Regional Court has found Stefan Frylinck, an environmental consultant representing Mpofu Environmental Solutions CC, guilty of providing incorrect or misleading information to the Department of Environmental Affairs in a basic environmental impact assessment. Frylinck was acquitted of the charge of fraud.
The charges against Frylinck and Mpofu originated from the planned construction of the Pan African Parliament in Midrand. In 2009, the DEA stopped the construction of the complex when it was discovered that construction was causing serious damage to a wetland on the site. Environmental Management Inspectors laid criminal charges against Frylinck who compiled the basic environmental assessment on which the decision to allow building was based for not pointing out the existence of a wetland to authorities.
Sentencing is scheduled for 20 April 2011. The criminal offence of which Frylinck has been found guilty carries a maximum penalty of 2 years’ imprisonment or R40,000 under the 2006 EIA regulations. These penalties have since been increased in the 2010 EIA regulations to R1 million or one year imprisonment.
Case No: 14/1740/2010
The State
versus
Defendant 1: Stefan Frylinck
Defendant 2: MPOFU Environmental Solutions cc
In the judgement handed down on 6 April 2011, Regional Magistrate E K Patterson found that:
“The conduct of the accused proves wilful disregard of the required standard of conduct of the specialist finding whether there is wetland on the [Pan African Parliament] site. He admitted that he knows that in order to determine the existence or otherwise of a wetland, wetland delineation must be conducted. (at 52)
…
“By not appointing a wetland specialist or consulting such specialist the accused was negligent in the execution of his mandate and what was reasonably expected of him. … I find that the inability of the accused to give a reasonable explanation of this fact and the apparent non-conformity to the required standard of work to be done, calls for rejection of their version as not reasonably possibly true. This court is satisfied that [accused 1 and 2] acted irregular in conducting of, and execution of, duties by concluding no wetland exists on the site. (at 53)
Along with the launch of the Environmental Assessment Practitioners Association of South Africa (EAPASA) last week, this conviction forever changes the world in which environmental consultants operate. Not only will they in future be held to account by their peers through EAPASA, but this case shows that they can now also be held criminally liable where their conduct violates the EIA regulations.
Officials who consider EIA applications have to rely at least in part on the integrity and honesty of the consultants who provide information to them, and the quality of the work done by those consultants. Where that integrity is violated and the work does not meet the required standard, whether through intent or negligence, it is imperative that decisive punishment is meted out as deterrent to others. This case is therefore a message to consultants who think about taking shortcuts: know that you are risking your career and reputation when you do so.
The Frylinck conviction demonstrates the commitment of the DEA and the Environmental Management Inspectorate, and of the National Prosecuting Authority, towards enforcing the provisions of NEMA and the EIA regulations. Unfortunately we don’t yet see a similar commitment and investment of resources within the Departments of Water Affairs and Mineral Resources to enforcement of the National Water Act and the environmental provisions in the Mineral and Petroleum Resources Development Act.
Download the full judgement here.
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Posted by Enviroadmin
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Thursday, 08 July 2010 15:35 |
Seen or know of somebody polluting or carrying out other environmental crimes?
Call the Environmental Crimes and Incidents Hotline on 0800 205 005 (South Africa)
This telephone number operates 24 hours a day
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Posted by Enviroadmin
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Thursday, 08 July 2010 15:35 |
Seen or know of somebody polluting or carrying out other environmental crimes?
Call the Environmental Crimes and Incidents Hotline on 0800 205 005 (South Africa)
This telephone number operates 24 hours a day
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Posted by Enviroadmin
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Monday, 24 May 2010 20:08 |
DEAT Environmental Crimes and Incidents Hotline
Report Environmental Crimes on
0800 205 005
This tip-off line operates 24 hours a day.
Also download the DEAT booklet "Stepping Up Enforcement" (PDF)
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Posted by Enviroadmin
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Monday, 24 May 2010 20:07 |
The latest press article relating to the on going battle to rid The Isimangaliso Wetland Park of illegal development. Finally after many years of waiting the law seems to be turning against development in our green spaces. If we can't protect a World Heritage Site and wetland of international importance what chance do we have of protecting lower profile green spaces.
Tear it down - or pay (The Daily News on November 24, 2009)
24 November 2009, 18:58
By Irene Kuppan
At least four developers accused of building unauthorised holiday resorts on KwaZulu-Natal's treasured World Heritage Site, the iSimangaliso Wetlands Park, will have to demolish them and rehabilitate the area.
If they fail to do so within a specified time, conservation authorities will tear them down, restore the bush and recover the costs from the developers.
This is according to an order confirmed by Judge Piet Koen in the Durban High Court on Monday.
The court was told that the park risked losing its World Heritage Site status if people unlawfully occupying it were not evicted. Park managers said that in each of the four instances before the court yesterday, illegal development was causing serious damage to the environment.
The developers had until yesterday (Monday) to show why a provisional order should not be finalised, but the developers' advocates asked for an adjournment, which the judge refused.
The provisional order prevented the developers from interfering with, removing or destroying any plants or vegetation and from carrying out further construction.
The judge said: "There are no facts placed before me... as to what steps were taken or why steps were not taken during the period, that in most instances, extended from early October to today telling me why they (the respondents) were not in a position to file their affidavits setting out their defence or grounds of opposition."
iSimangaliso officials claimed the developers failed to get permission from the relevant authorities for the developments, or permission to live there.
One application was against Madolwane Mthembu and Simon Tembe, of the KwaThembe Traditional Council Area in Kosi Bay, who had been building at Bhanga Nek. A second application involved construction at the "Joubert site" where two cottage-type chalets had been built.
Rangers were told that the site belonged to JH Joubert and when he was confronted, Muzi Mthembu claimed Joubert was authorised by Mkhawu Mthembu (Muzi Mthembu's father) to develop the site.
The order was not confirmed against Mkhawu Mthembu and the case was adjourned to next week for court papers to be served.
A third application involved development at the "Bronkhorst Resort site". Park authorities were told that the site was allocated to Lucas Mkhonto by Ngubane Mjozi.
They found that the site was being developed into a holiday resort and that Francois Bronkhorst, formerly of Stilfontein, had given up his job to develop a lodge.
The fourth application was against Cecil Henry Berkhout, of Springs, who was developing the Inkwazi Resort at Bhanga Nek in the coastal forest reserve section.
Park authorities said virgin forest had been cleared, a road cut, thatched buildings had gone up and water pipes connected.
At the Durban High Court yesterday, advocate E Crots, for three of the respondents, sought an adjournment. He said his clients had tried to meet park authorities last Friday to resolve the matter, but the authorities had declined to meet them.
Crots told the court his instructions were to invoke provisions of the National Environment Management Act which made reference to conciliation and mediation processes.
However, Koen said he was not persuaded that this defence was bona fides. Appearing in the fourth matter, advocate L Broster also asked for an adjournment.
Representing iSimangaliso, advocate Jean Marais SC responded that the provisional orders had been granted more than a month ago, but the respondents had only waited until Friday to talk to park authorities.
He said one development had even continued after the interim order.
Referring to Crots' argument that his clients wanted to conciliate and mediate the process, Marais responded: "You can mediate until you are blue in the face, but if you commit an offence, mediation does not condone it."
He said the respondents were asking for the adjournment to "simply buy time so they could mobilise and pressurise".
· This article was originally published on page 1 of The Daily News on November 24, 2009
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Posted by Enviroadmin
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Monday, 24 May 2010 20:06 |
Source: http://www.businessday.co.za/
Johannesburg — ENVIRONMENTAL management inspectors say they are battling to prevent a large number of environmental crimes, many committed by well-organised syndicates serving markets in the Far East.
The deputy director-general for legal research and development at the Department of Environmental Affairs, Ziyaad Hassan, said environmental offences "are seldom committed out of need".
"It's a battle we don't seem to be winning and it is a huge concern for us," he said.
Disposal of medical waste, illegal dumping, rhino and abalone poaching, and water pollution are top priorities for the inspectors.
Rhino poaching is "as big a problem as it's been in the last 20 years". Powdered rhino horn is more expensive than heroin. Rhinos have been taken out of parks and horns stolen from museums.
Hassan said environmental offenders were usually middle-class, well-educated people who took a calculated business decision not to comply with environmental legislation.
Environmental Affairs Minister Buyelwa Sonjica said eight white rhino were poached in January from the Kruger National Park, despite hi-tech equipment and extra rangers being deployed. South African National Parks CEO David Mabunda said in January that 93 rhino had been killed over the past three years throughout SA, with 48 arrests having been made.
"South Africans must realise that we are not dealing with your ordinary petty criminals here. These poachers are members of well-resourced syndicates and are also involved in chilling crimes like human trafficking, arms smuggling, prostitution and drug trafficking," he said.
Like rhino poachers, abalone syndicates are also linked to other crimes and are driven by markets in eastern Asia.
Source: http://www.businessday.co.za/
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Posted by Enviroadmin
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Monday, 24 May 2010 20:05 |
We all know by now of the story recently of Healthcare Waste that had been dumped illegally all over the Free State.
This from Minister Sonjica's speech issued on 4 December 09.
quote:
*I would also like to commend the journalists who were involved in this process of uncovering these sites. The media play a significant role in conveying information to the public and raising awareness about such important issues,* she added.
I want to urge members of the public to blow the whistle on such activities. Very often, it is you, the citizen that is in a position to provide information on such serious crimes, bearing in mind that this investigation was sparked through a tip off received by the Department.
The Department has a 24 hour environmental crimes and incidents hotline which we urge you to use as it is you who can act as our eyes and earson the ground.
The environmental crimes and incidents hotline number is 0800205005.
Another reaction to whistle-blowing.
Which begs the question of what the heck the EMI's have been doing lately to earn their salaries. They started the year with a bang with their darn Lekgotla and, with the possible exception of the Marine guys, seem to have taken extended leave! 
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Posted by Enviroadmin
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Monday, 24 May 2010 20:04 |
By: Mariaan Olivier
Published: 27 May 08 - 9:40
Article Source: http://www.engineeringnews.co.za/article.php?a_id=134201
South Africa's environmental management inspector unit, the Green Scorpions, has started the first of a series of compliance inspections at various cement manufacturing facilities across the country, the government said on Tuesday.
The unit started its blitz, which signaled the start of the ‘Clean Cement' campaign, with an inspection at the Lafarge cement plant, in the North West province on Monday. Over the coming week, PPC facilities in Limpopo, Gauteng, Eastern Cape and the Western Cape would also be inspected.
The Green scorpions would monitor compliance with all environmental legislations, authorisations and permits applicable to each site.
The campaign follows the multi-year national environmental compliance campaign in the iron and steel and ferroalloy industry, known as Operation Ferro.
"The cement industry has been prioritised in this new environmental compliance campaign because of the growing demand for its products. An increase in construction and development projects in the country and rapid expansions in the cement sector means that the industry may contribute significantly to pollution if not mitigated and managed properly," said Department of Environmental Affairs and Tourism deputy DG for environmental quality and protection Joanne Yawitch.
Late last month, a cement industry workshop was held where representatives from the sector were informed on what to expect during the compliance inspections and how to adequately prepare for it.
"Inspectors will consider findings of significant nonompliances to environmental authorisations in a serious light, and appropriate enforcement action will follow," emphasised Yawitch.
She added that other key industries would soon be subjected to similar assessments. In addition, to Operation Ferro, the Department was already leading a national environmental compliance and enforcement project in relation to the six big oil refineries in the country.
Article Source: http://www.engineeringnews.co.za/article.php?a_id=134201
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Posted by Enviroadmin
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Monday, 24 May 2010 20:04 |
To members of the public concerned with captive elephant issues:
Your assistance is URGENTLY REQUIRED to address the
CAPTIVE ELEPHANT LOOPHOLE IN THE REVISED NORMS AND STANDARDS
THE ISSUE
DEAT has recently made available a revised version of the draft Norms and Standards (N&S) for Elephant Management and is inviting stakeholders to a meeting in November 2007 in Pretoria to discuss the matter.
There is a serious problem with the way in which the issue of captive elephants has been dealt with in the revised draft N&S, and if approved these are likely to result in captive elephants being held without appropriate standards for their welfare being implemented and enforced. It would also allow operators to continue to train elephants as working animals for commercial purposes (e.g. circuses and elephant back safaris) despite the fact that training for these purposes is known to involve cruel and domination methods (not to mention the deaths of trainers). This photograph shows a young elephant chained by diagonally opposite legs which are being pulled so that the animal cannot stand or lie down (taken at EFAF).
HOW CAN YOU HELP?
1. Write to the Minister (DEAT) voicing your concern/objection. If you are willing to do this, please send an email to
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and you will be sent relevant information to include in your letter, as well as the address.
2. Join Public Watch, the group that is taking this issue forward (type Affiliate Public Watch in the subject line of an email to
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KEY CONCERNS WITH HOW THE CAPTIVE ELEPHANT ISSUE IS DEALT WITH IN THE DRAFT NORMS AND STANDARDS INCLUDE:
1. Provisions in the draft N&S correctly prevent the capture of elephants from the wild for captivity. This is appropriate. However, there is some contradiction in the document that may allow genuine orphans to be taken for captivity and training rather than to be rehabilitated, and may allow for the import of captive elephants from other countries. These errors need to be rectified to prevent any capture from the wild for permanent captivity and use as working animals. Orphan and injured elephants should only be allowed into captivity temporarily and a time limit on this should be specified.
2. Captive elephants are incorrectly defined. The condition of captivity must be recognised to include situations where an elephant is tamed, chained, controlled by handler, enclosed at night, etc. whether it is on land >2000ha or not. Otherwise unscrupulous operators could (and most likely will) use this as a loophole to tame, train and work elephants on land >2000ha, since in terms of the draft N&S they would then not be considered captive.
3. The draft N&S allow for elephants that are already in captivity to continue to be held captive. This should be challenged, and each elephant should be assessed and where possible returned to the wild or a sanctuary situation.
4. While the draft N&S allow elephants to be held captive, they do not specify standards or care, and do not limit the activities and uses of captive elephants. The Management Plan suggested is inadequate and does not safeguard elephant welfare. Thus an owner of a captive elephant can, in terms of the draft N&S, use any methods of training they like and can make an elephant work on demand. If elephants are to be allowed to be kept in captivity then detailed standards for their care and handling, and a list of permissible activities and prohibited tools (e.g. spiked ankuses, chains) should be specified (developed in consultation with behavioural specialists).
5. Despite strong objection, the draft N&S will still allow training of elephants in captivity for the purposes of commercial use in circuses and elephant back safaris. Experts have cautioned that training methods that have to be used to make an elephant perform on demand (not voluntarily) are by nature harsh and involve domination techniques. History (Tuli and recently at EFAF) has shown that the industry cannot be trusted to self-regulation. Training should not be permitted until it can be shown that it can be done humanely, detailed standards are developed, and independent monitoring ensured. If training and control of elephants for riding and circuses involved harsh techniques and significant risks to human life then it should be outlawed, and any interactions between humans and elephants should be softer interactions voluntarily engaged in by the elephant (not on demand).
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Posted by Enviroadmin
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Monday, 24 May 2010 20:02 |
Evidence of perlemoen activity on farm after five arrested, released
TIM and SHARON SALMON
MYSTERY surrounds the arrest and subsequent release last week of five men, believed to be from Port Elizabeth, on a remote farm near Dordrecht that appears to have housed a perlemoen processing plant.
A reliable source close to the investigation said the men were allegedly members of one of the biggest perlemoen syndicates yet uncovered in South Africa.
The same source said it was suspected dried perlemoen, poached from the Cape coast, was being flown out of the region in a light aircraft from a private airstrip nearby.
After initially confirming the gang had been linked to the illegal perlemoen trade, the SA Police Service has since refused to comment in any detail on the investigation. The Organised Crime Unit said only, in an unsigned statement issued by Aliwal North police spokesman Captain Ursula Roelofse, that the men had been detained at a roadblock on suspicion of possessing stolen property and released when it was established “they were not illegally in possession of the property”.
The drama began last Sunday when police officers from Dordrecht and nearby Rossouw, acting on information received, cordoned off access roads from the farm Rooiwal. They stopped the five as they were en route to the farm, arrested them and confiscated two of their vehicles.
The five were freed on Thursday without charge.
In the police‘s first reaction on Monday, Inspector Willie Prinsloo of the Rossouw police said their investigation was at a “a very sensitive stage at the moment as this is the bottom of the syndicates‘ chain”.
The police later asked that no information about the case be published because “people‘s lives will be endangered” and the investigation jeopardised. By the end of the week, the police agreed to take questions on the issue but declined to comment on the group‘s alleged link to perlemoen poaching.
A team from The Herald visited Rooiwal shortly after the arrests and found it deserted, open and unguarded.
Abundant evidence of perlemoen processing was found in a barn that had apparently been converted into three drying rooms, with an additional three drying rooms built on.
Drying racks, salt and items of protective clothing were found along with discarded perlemoen shells and rotting perlemoen flesh in plastic drums.
An outside diesel 220- volt generator was built into the back of the barn to supply electricity to run the living quarters and the drying rooms. The farm has no mainline electricity.
The team also found Chinese newspapers dated between May and July 2007, as well as empty Chinese-made cigarette boxes, gum boots and an empty rifle cover. The fence around the house was draped with hessian.
Neighbours, who were shocked when they first heard the poaching-related allegations, said they began noticing suspicious activity at the farm in May,
“We had noticed a fence with hessian had been erected around the house, and suddenly there were lights at night, which seemed unusual as the farm had been unoccupied for a few years,” said farmer Petro Slabbert. He and other neighbours had encountered Willem Bekker, the son of the farm‘s owner, near the property on several occasions and he had told them that he and a friend were fixing up the farm so that they could host tourists there.
Daantjie Schoeman said he had encountered Bekker after one of Bekker‘s associates rolled his SUV on the Skuinshoogte Pass and he too had been told how they were repairing the farm.
Lenie Fourie, of the farm Wolwekloof adjacent to Rooiwal, was called by Bekker‘s associate who he knew only as “Len” on the day of the accident. Len had asked him to contact Bekker and send him to help at the scene of the accident.
“All I know about Len is that he is a businessman in Stutterheim and owns quite a lot of properties in Kirkwood,” Fourie said.
Approached last week for comment on the claims, Bekker denied he lived at Rooiwal and said he was living and working in Somerset East.
“The farm was hired out to a black gentleman from Johannesburg. This gentleman was going to open a guest farm for tourists on the farm he was hiring from me. I was at the farm two weeks ago, but everything was locked up including the house and the sheds. Now this guy has disappeared, owing me money.
“I believe I‘m implicated in the perlemoen story, but I‘m not involved at all. A lot of things have been stolen off my farm and the police are handling the case.”
He said he would soon be moving to Beachview near Port Elizabeth.
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Source: http://www.theherald.co.za/herald/news/n09_22102007.htm
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An Environmental Assessment Practitioner (EAP) was recently convicted of an offence having submitted incorrect or misleading information as part of an Environmental Impact Assessment (EIA) conducted in terms of the National Environmental Management Act, 107 of 1998's EIA Regulations. He was also initially charged with fraud but was not successfully prosecuted on this charge. This is according to Justine Sweet, Senior Associate in the Environmental Practice at Cliffe Dekker Hofmeyr.
