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Presentation to the Portfolio Committee: Water & Environment

Presentation by

Mr Helgard MullerActing CD: Regulation

16 – 17 March 2010

Compliance, monitoring and enforcement

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Dedicated Environmental Courts• The task team - Dept. of Water and Environmental Affairs and Dept. of Justice • Submissions where done to the two Ministers • Minister of Justice agreed on the following points:

- Establish dedicated courts and not specialised courts);- 4 pilot Environmental Courts:

- Johannesburg Regional Court (south);- Durban Regional Court;- Nelspruit Regional Court (jurisdiction covers the whole of Mpumalanga);- Hermanus District Court.

- Appointment of dedicated prosecutors and judiciary to handle water and environmental crimes to be supported by DEA and DWA;• Utilisation of existing court structures;• Evaluation of pilot phase after one year •Our Minister’s deadline for roll out of the Environmental Courts is May 2010;

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CME Cases for 2009List of criminal cases that were registered by CME for unlawful water activities against WSAs

1.Barrage 315/08/2010 –Emfuleni Municipality for pollution and failure to comply with a Directive, The case is currently under investigation by the SAPS

2.Brits 130/01/2010 –Madibeng municipality for failure to comply with a Directive and for pollution. The case is currently under investigation by the SAPS

Criminal cases registered against individuals in the farming industry

1.Villiers 11/07/2009 –Case against Villiers abattoir for pollution2.Clarens 37/07/2009- Case against the transgressor for failure to comply with a Directive and for building a dam without authority3.Humansdorp 502/08/2009 –Case against the transgressor for failure to comply with a Directive and

for building an unlawful dam.4.Arbedeen 127/02/2009 –Case against the transgressor for impeding and diverting the natural flow of a watercourse. The case was withdrawn against the transgressor and CME appealed against

the verdict.5.Kroonstad 92/04/2009 – Case against the transgressor for failure to comply with a Directive and for building an unlawful dam. The SAPS is investigating the matter and the case is with the Director of Public Prosecutions.6.Kroonstad 314/07/2009 – Case against the transgressor for failure to comply with a Directive and for building an unlawful dam.

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CME Cases for 2009 (continue…)

Directives issued for Non Compliance

To WSAs for noncompliance

1. Madibeng Municipality 2. Emfulenini Municipality

3. Lephalale Municipality 4. Mopani Municipality

5. Matjabeng Municipality 6. Modimolle Municipality

7. Vhembe Municipality 8. Govan Mbeki Municipality

Directives issued to individuals in the farming industry

Mr. Nel – for building an unlawful dam

Mr. Crous – for building an unlawful dam

Mr. Wessels - for building an unlawful dam

Mr. Khalon –for transferring water from one farm to another without authority

Mr. Arnold De Jager - for impeding and diverting the natural flow of a watercourse

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Regulation and Compliance and Enforcement Capacity

• Problem: Different units in DWA dealing with regulation of WS and WR and enforcement

• Restructure all regulatory units in DWA into one Chief Directorate from 1 March 2010

• The Department had appointed 19 Investigators, 1 Assistant Director: Investigation , 2 Deputy Directors (Legal and Enforcement Support) and in process for Director: Compliance Monitoring and Enforcement.

• The fully fletched team will be up and running by the 1st April 2010