19
February 2009 - Speech - THURSDAY, 19 FEBRUARY
2009: Four years after its establishment
in May 2005, the Environmental management
Inspectorate is now in the process of moving
beyond its establishment phase towards a
phase of effective institutionalization
and management of its operations. To launch
this phase, and in keeping up with the theme
of this Lekgotla of “Sharpening the Sting”,
the Inspectorate is proud to announce the
launch of three important documents, the
first of which is the National Environmental
Compliance and Enforcement Report 2007/08.
It goes without saying
that collecting statistics and data on compliance
and enforcement activities is absolutely
crucial for making appropriate strategic
decisions on the application of resources
to ensure effective and efficient enforcement
of environmental legislation. This data
enables us to take a retrospective look
at the achievements made by the Inspectorate
year on year, but also gives us the opportunity
to take an introspective look at the effectiveness
of the Inspectorate post training and designation
of Environmental Management Inspectors across
the country. The report also indicates variations
and trends that may be used to plan for
more effective compliance and enforcement
campaigns in the coming years.
The period 2006-7 was
the first time that Environmental Management
Inspectors and other environmental enforcement
officials, particularly Fishery Control
Officers and provincial enforcement officials,
collaborated to report environmental enforcement
statistics at a national level. The result
of that process was the first National Enforcement
Report, which included annual statistics
for arrests of offenders, items seized from
offenders, convictions by a court, sentences
handed down, admission of guilt fines; and
notices or directives issued and civil court
applications launched against offenders.
In 2006-7, we were still
testing the availability of information-gathering
systems within all our institutions responsible
for environmental enforcement. For this
reason, the report was not nearly as detailed
as we would have liked. In addition, we
warned that this report was based on serious
underreporting, a warning that is borne
out by the significant increase in reported
results in 2007-8.
In 2007-8, there has
been a significant increase in the comprehensive
nature of reporting on the specified compliance
and enforcement activities by the Environmental
Management Inspectorate Institutions. It
is also the first year that allows a comparison
between performance of compliance and enforcement
activities in respective financial years.
Although the information-gathering
systems are not yet fully developed and
the statistics appearing in this report
have not undergone a stringent monitoring
and verification process, some preliminary
findings indicate that compared to 2006/7,
the number of reported arrests have nearly
tripled in 2007/8; and that the number of
convictions reported in 2007/8 are more
than five times the number reported in 2006/7;
The report is intended
to be widely distributed across EMI institutions,
relevant stakeholders and also the private
sector, and it is my pleasure to officially
launch the National Environmental Compliance
and Enforcement Report 2007/08.
Authorisations Manual
for Assessing and Issuing Environmental
Authorisations
Aligned to this movement
from establishment toward implementation,
is the recognition of a need for standardising
practices across different EMI institutions,
and ensuring that actions taken by EMIs
remain consistent and legally defensible.
The Authorisations manual
is therefore designed to assist competent
authorities to issue environmental authorisations
that are legally robust and unlikely to
be the subject of a successful appeal or
legal challenge and to facilitate consistency
in practices across different competent
authorities. The manual sets out the requirements
for just administrative action, and proceeds
to apply these requirements to the EIA process
under the National Environmental Management
Act, waste disposal site applications, as
well as authorisations in terms of the Basel
and Rotterdam Conventions and the Montreal
Protocol on substances that deplete the
ozone layer.
Prior to its launch,
DEAT conducted an extensive interview process
among provincial EMI institutions, as well
as a comparative review of international
best practices, and whilst the manual seeks
not to impose a new system on provinces,
and in particular those provinces who had
already put into place their own guidelines
and systems, its focus is rather on developing
guidelines which would go a long way to
ensuring that actions taken by EMIs across
the various agencies remain consistent and
predictable. The manual is therefore intended
to give guidance to officials within DEAT
and the provincial departments on issuing
authorisations that can be monitored and
effectively enforced.
It is my pleasure to
now also officially launch the Authorisations
Manual for Assessing and Issuing Environmental
Authorisations.
Standard Operating Procedure
for Cooperation between the Environmental
Management Inspectorate and the South African
Police Service
The next important document,
which I now have the pleasure to officially
launch, is the Standard Operating Procedure
for Cooperation between the Environmental
Management Inspectorate and the South African
Police Service.
During February, 2007,
DEAT, through its enforcement directorate,
initiated communications with the South
African Police Service, with a view to developing
a Standard Operating Procedure for cooperation
between the two law enforcement agencies.
Two years down the line and several drafts
later, this SOP is ready to be launched
for immediate implementation.
The finalisation and
signature of the EMI-SAPS SOP is viewed
as a major achievement of both the South
African Police and the Environmental Management
Inspectorate in agreeing on a common mechanism
to frame the investigation of environmental
crime. Clearly, the length of deliberations
and the importance placed by both the EMI
and SAPS in the conclusion of the SOP should
send a strong public message that both law
enforcement agencies understand the importance
of proper coordination of the investigation
of environmental crime.
Greater responsibility
has, through the SOP, been placed on EMIs
in the opening and management of case dockets
as well as the development and implementation
of a case registration system and EMIs will
now be primarily responsible for conducting
investigations into environmental crimes.
Similarly, SAPS will continue to take the
lead, with the assistance of EMIs, in instances
where there involves a combination of other
types of crimes with an environmental crime,
or where the crime investigated is of an
organised nature.
Having said that, I
now have the pleasure of welcoming Sonnyboy
Bapale, as a representative of the Environmental
Management Inspectorate, and Director Ntshinga
from the South African Police Service to
complete the ceremonial signing of the Standard
Operating Procedure.
Presentation of Awards
of Excellence
We now turn our attention
to a very important part of this evenings
proceedings, and that’s the recognition
of outstanding contributions by our colleagues
in the awarding of the Awards of Excellence
for the 2008 calendar year.
Deviating slightly from
previous awards ceremonies, the awards of
excellence for 2008 has been divided into
three categories, namely:
Outstanding Contribution
to Inspections aimed at the detection of
Environmental non-compliances;
Outstanding Contribution to the Investigation
of Environmental Crimes; and
Outstanding Contribution to the Prosecution
of Environmental Crimes
The first category, that being for Outstanding
Contribution to Inspections aimed at the
detection of Environmental non-compliances,
is a newly created category, and was specifically
targeted at recognising the outstanding
achievements of those EMIs involved in compliance
monitoring inspections aimed at detecting
environmental non-compliances, as well as
those officials responsible for the undertaking
of administrative action following reported
non-compliances.
The panelists adjudicating
the winner of the award for this category
were Cormac Cullinan, a senior environmental
lawyer and director of the law firm Cullinan
and Associates, Abdul Ebrahim, a project
manager at the consulting firm Environmental
Science Associates, who has actively been
involved in the rollout of the EMI Basic
Training program, and Mark Jardine, Senior
Advisor, Compliance and Enforcement Training
at DEAT.
Five officials were
nominated in this category:
The first nomination
was for Anel Nortier, an official employed
at DEAT Marine and Coastal Management, who
undertook an impressive 25 inspections of
foreign vessels, 20 restaurants, 90 local
vessels, as well as 12 joint operations.
Among her achievements was the initiation
of the large scale investigation into “Indo
Atlantic”, which is the largest investigation
undertaken to date by the Special Investigations
Unit, and which is currently underway. She
has also played a major role in various
capacity-building initiatives over the past
year.
The next nomination
was for Mphakamisi Fifane, an official employed
by DEAT MCM in the Eastern Cape, who issued
32 Admission of Guilt forms in the calendar
year, and was also involved in 5 high profile
arrests, four of which are still in court,
and the other which resulted in a fine of
R8 000 paid by the convicted person. He
has also done some outstanding work in conducting
awareness raising and educational campaigns
across a number of schools and communities
in the area.
The third candidate
nominated in this category was Cashandra
Fredericks, an official employed in the
Enforcement Directorate at DEAT. Miss Fredericks
was involved in several inspections and,
operating under major capacity restraints,
was responsible for the issuing of a number
of administrative notices and directives
by the enforcement directorate. Her hard
work and dedication ensured that, despite
the constraints, strict timeframes and deadlines
were always adhered to.
The fourth candidate,
who finished a very close second to the
winner of the award for this category, was
Wongama Mfenyana, an official employed by
DEAT MCM, who had recorded a total of 53
arrests, opened 22 case dockets, was responsible
for the confiscation of two vessels and
five vehicles, as well as 1.5 tons of abalone.
This remarkable official had, on more than
one occasion, effected arrests whilst putting
his own life at considerable risk, being
held hostage by poachers, shot at, and threatened
with his life. His unwavering commitment
to his job in the face of such trying circumstances
is an inspiration to us all, and he received
special commendation from all the panelists.
However, the unanimous
winner of the award for Outstanding Contribution
to Inspections aimed at the detection of
Environmental non-compliances, and nominated
no less than 3 times, is Frances Craigie,
currently employed as the Director: Enforcement
at DEAT, but who was employed by the Gauteng
provincial department for the reporting
period for this award. Frances has played
a leading role in the area of detecting
non-compliances in the field of pollution
and waste crimes, and was a team leader
in several high profile groud-breaking inspections,
including Operation Ferro, Arcelor Mittal
Vereeniging, Scaw Metals, Semancor Metalalloys,
and Operation Clean Cement, to name a few.
She also managed the litigation process
in the precedent-setting Silverton Ridge
case, which went all the way to the Constitutional
Court, resulting from a directive which
was drafted by Frances, in which development
was ultimately prevented in a sensitive
ridge behind the Union buildings in Pretoria.
Her actions resulted in the drafting of
notices and directives leading to the closing
down of several facilities, including Aid
Safe, Mittal Vereenigings waste site, and
Independent Foundries. She has also played
a leading role in several capacity-building
initiatives within the Inspectorate, the
Magistrates Awareness Raising Workshop and
Specialised Training on EIA Enforcement
to name a few, and is a leading member of
Working Group 4. It is my great pleasure
to call forward Frances Craigie to receive
this award.
The second category,
that of Outstanding Contribution to the
Investigation of Environmental Crimes received
a total of 13 nominations and was overseen
by a panel constituting once again, Cormac
Cullinan, as well as Frances Craigie, and
Liziwe Ntshinga, Director, Organised Crime
in the South African Police. The panel decided
to split this category into EMIs and SAPS
officials, and consequently two awards are
made in this category.
A total of five EMIs
were nominated in this sub-category, the
first of which was SP Coetzee, an official
employed at the Limpopo provincial department,
who is one of the leading investigators
in the country on the escalating matter
of rhino poaching, and his work has led
to a number of arrests and subsequent convictions.
He also plays a leading role in capacitating
junior staff members.
The second nomination
was a group nomination for the following
officials:
B Liedermann
K Thompson
J Enslin
B Smal
K adendorff
L Jack
These officials, all employed in the Special
Investigations Unit based at DEAT MCM investigated
a total of 34 cases in 2008, which resulted
in a recovery of over 140 000 units of abalone,
the infiltration of key syndicates, as well
as participation of one of the largest operations
ever undertaken in the Indo Atlantic Operation.
Although their nomination was not strictly
in keeping with the intentions of this award,
their efforts also received special praise
from the adjudication panel.
The next nomination
was for Tracy-Lee Petersen, employed within
DEATs enforcement directorate, and who has
been responsible for the investigation of
several high profile cases in the pollution
and waste sector, including her role played
in successful investigations into the medical
waste problems around the country, as well
as leading the investigation in the matter
involving ACSAs jet fuel spill. Many of
these investigations are still on-going,
but her efforts received special mention
from the adjudication panel.
Special mention was
also made for Ryno Serfontein, also employed
within DEATs enforcement directorate, and
one of the leading investigators in the
field of pollution and waste crime. During
the calendar year of 2008, Ryno successfully
investigated, amongst others, the Aid Safe
and Buhle Waste cases, also involving the
illegal dumping of medical waste. He also
registered 6 new criminal cases, handed
over another 6 high profile matters to the
NPA, with a further 3 cases ready to go
to court. He has also played a leading role
in the rollout of the EMI Basic Training.
However, the winner
of this award goes to Mario Scholtz, employed
at SANParks Environmental Crime Investigations,
who received two nominations. Mario’s exceptional
achievements include his role in rhino horn
smuggling investigations and the infiltration
of rhino horn syndicates, where he went
undercover, eventually resulting in a plea
bargain agreement , with each accused sentenced
to a fine of R150 000. A further R620 000,
involved in the transaction was split between
SANParks and the Mpumalanga Parks board
for specific use in Rhino Conservation projects.
This case was also precedent setting, as
it was the first time that trap money and
fine money was paid over to Conservation
agencies as a result of successful prosecution.
He was also involved in other rhino poaching
cases, and the luring, capturing and hunting
of a Kruger National Park lion, to name
a few.
Furthermore, Mario is
the chairperson of the Environmental Crime
Task Group for the Limpopo, Mpumalanga,
and Gauteng provinces, plays a leading role
in specialised prosecutor training initiatives,
was involved in the drafting of Admission
of Guilt Fines lists for Protected Areas,
and is an active member of Working Group
4. It is my pleasure to present this award
to Mario Scoltz.
For the next sub-category,
8 police officials were nominated for their
outstanding contributions to the Investigation
of Environmental Crimes, and I would like
to call Liziwe Ntshinga to say a few words
about the nominated candidates.
The first nomination
was for De Witt Botha, stationed at the
Organised Crime branch in Uppington, Northern
Cape. This officer was the project manager
in Project Eagle, which involved the smuggling
of elephant ivory across the Botswana border.
A total of 9 ivory tusks, with a combined
value of over R76 000 was seized. In another
matter where this officer acted undercover
as a police buyer, elephant tusks to the
value of R170 000 was confiscated.
The second nomination
was for Wilmo Vermeulen, stationed at the
Organised Crime branch in Kimberly, Northern
Cape, whose sterling work in acting undercover
as a police agent to crack open a case of
rhino horn smuggling from individuals who
had close links to the Vietnamese embassy
in South Africa, a case which received significant
media attention and was also broadcast on
popular television programs 50/50 and Carte
Blanche. He was also involved in operations
involving the seizure of abalone valued
at over R17 million, with 9 suspects arrested.
The third nomination
was for Cornelis Willem Louw, also stationed
at the Organised Crime branch in Uppington,
Northern Cape. This official is the investigating
officer in the Frazerburg case where abalone
weighing over 900 kilograms, and valued
in access of R 1 million was confiscated,
with the case still pending finalisation.
He is also involved in several high profile
rhino horn smuggling cases, is a member
of operation Black Rhino, a cross border
operation with Botswana involving the smuggling
of endangered species, and enjoys a good
working relationship with provincial nature
conservation officials.
The fourth nomination
was for Isak Fick, employed at SAPS Free
State, for his outstanding work in the Odendaalsrus
case of illegal dumping of sewer water into
natural streams, which is still pending
finalisation, but has the potential of being
a precedent-setting case, in that it is
one of the first instances where members
of the local municipality will be charged
in the matter.
The fifth nomination
was for David Silas, employed in the General
Detective Tracking Unit in the Free State,
for his work in Project Rhinestone, a major
precedent-setting case involving syndicated
rhino horn poachers and smugglers, where
meticulous investigation has led to the
arrest of six suspects on charges of racketeering
and money laundering under the Prevention
of Organised Crime Act.
The sixth nomination
was for Jaco Oberholzer, stationed at the
Organised Crime division in the Free State.
Jaco forms an integral part of the special
investigations team working in conjunction
with the Free State provincial department.
Some of his major achievements include the
closure of four illegal sand mines after
the issuing of directives by EMIs and the
closure of three mines on the Vaal River.
Jaco also represents SAPS at various Rhino
and Elephant Security Group meetings.
The seventh nomination,
and coming in at a close second place, was
Riaan van Rooyen, stationed at SAPS Organised
Crime, Pietermaritzburg. Riaan is also a
designated EMI, a representative of the
KZN Wildlife Crime working group, an honorary
officer of EKZN, and a member of the Conservation
Task Team to investigate the illegal hunting
of rhinos in KZN. He is also a member of
the Poison, Vulture, Oribi and Cape Parrot
Working Groups. Riaan has done outstanding
work in uncovering the poisons used in the
muti trade to poison animals such as Leopard,
Lion and cheetah in an attempt to obtain
their skins, teeth, claws, fat and tails.
He has also secured high profile arrests
in the areas of rhino hunting, and tortoise
killing, also for muti purposes.
And finally, the winner
in this category is Nic de Kock, who received
two nominations, stationed at SAPS General
Tracking Unit in the Free State, and also
involved in project Rhinestone. Nic is a
vital roleplayer in the investigation of
the largest rhino-poaching syndicate to
date. He has conducted four undercover operations
which led to the arrest of the kingpin of
the rhino poaching syndicate. In other matters,
his knowledge in tracking footprints led
to the discovery of 3 rhino carcasses, he
was able to seize the illegal translocation
of 7 lions while in transit in the North
West. He has built up a large informer base
and enjoys an excellent relationship with
the prosecutors with whom he works, who
have also been forthcoming in their praise
for his efforts. Therefore, it is my pleasure
to present this award to Nic de Kock.
The third and final
category for Outstanding Contribution to
the Prosecution of Environmental Crimes
will be presented by Johan Kruger, and I
would like him to come up to say a few words
prior to the announcement of the winner
of the award in this category.
