Day: November 14, 2022

2021/22 National Environmental Compliance and Enforcement Report shows questionable environmental compliance across many regulated sectors

The increase in environmental incidents in the last year resulted in devastating impacts on the environment bringing into question the environmental compliance profile of the sources of these problems.

These require a cohesive and complex government intervention to effectively address them. 

“It is against this background that an ideal opportunity exists to extend the government response to innovative and effective strategies to address activities causing harm to the environment,” says the Deputy Minister of Forestry, Fisheries and the Environment, Ms. Makhotso Sotyu. “This includes looking at designing an “all of government enforcement model” informed by lessons learnt from past experiences which considers resources available within all government institutions to simultaneously deal with different, but mutually beneficial end points”.

Thus, the importance of the 9th Environmental Compliance and Enforcement Lekgotla being held in Gauteng from 14 to 17 November 2022 under the theme Facing Uncharted Waters:  New Challenges and Solutions For The Green Scorpions.

This year represents a significant milestone for environmental compliance and enforcement in South Africa. It marks seventeen years since an amendment to National Environmental Management Act created the Environmental Management Inspectorate, commonly known as the Green Scorpions, in our statute books. This legislative development pulled together existing efforts in the green, brown and blue subsectors into a single, cohesive and effective compliance and enforcement framework.

Referring to the World Economic Forum’s 2022 Global Risks Report, the Deputy Minister pointed out that over a 10-year horizon, the health of the planet dominates concerns and that environmental risks are perceived to be the five most critical long-term threats, with “climate action failure”, “extreme weather”, and “biodiversity loss” ranking as the top three most severe risks. Their projected effects are extensive, and include intensified rates of involuntary migration, natural resource crises, pollution harms to health, geopolitical resource contestation, social security collapse and livelihood and debt crises.

South Africa has, over the past two years, already begun to feel the devastating impacts of these risks.  For example, heavy downpours in KwaZulu Natal over only a two-day period in April 2022 caused South Africa’s worst and most deadly natural disaster to date: a flash flood so rare and devastating it has a one in 300-year probability of recurring. The dire situation in this province was exacerbated by the extensive environmental damage caused by the hazardous chemical spill resulting from social unrest at the UPL facility as well as widespread pollution resulting from non-functional waste-water treatment infrastructure. 

In addition to the apparent adverse health impacts of the COVID-19 pandemic, it has also had significant impacts on the state of the environment, with a decrease in certain types of environmental non-compliances, balanced by a significant increase in others, including unlawful land occupation in and around protected areas/state forests.

Despite these challenges, the Green Scorpions are still expected to give effect to Section 24 of the Constitution by protecting the environment in a manner that it is not detrimental to the health and well-being of the country’s citizens. This will require a level of adaptability from the Inspectorate to meet these unexpected challenges and still execute its Constitutional imperative.

The findings of the 2021/22 National Environmental Compliance & Enforcement Report (NECER) provide a contrast between increases in compliance and enforcement activities while there has also been a decrease in the number of Green Scorpions working countrywide.

Operating at national, provincial and local levels, the Green Scorpions execute compliance and enforcement activities in responses to non-compliances in the brown, green and blue environmental sub-sectors. The Department of Forestry, Fisheries and the Environment seeks to coordinate and support the efforts of all spheres of government involved in environmental compliance and enforcement; and facilitate collaboration with other regulatory authorities and key stakeholders. Brown issues relate to air, waste and pollution, EIA, emergency situations, incidents, and developments. Blue issues are linked to the management and protection of the coastal environment and; the Green issues are those related to the protection and sustainable utilization of biodiversity, biosecurity and the management of protected areas.

The report, released at the Lekgotla, shows a decrease of more than five percent in the number of national and provincial Environmental Management Inspectors (EMIs) from 3 158 in the 2020/21 financial year to 2995 in the year under review.  This is largely attributed to natural attrition, and steps are being taken to, not only to fill vacant positions, but also to increase the number of Green Scorpions across the country.

Criminal investigation of environmental crimes has increased by 7.6% in the year under review, with 952 criminal dockets registered.  A total of 1091 admission of guilt fines to the value of R408 730.00 were paid – an increase of 6.6% — while 838 people were arrested.  There was an increase of 262.5% in the number of convictions for environmental crimes, showing a hike from 16 to 58 in the past financial year.  Six plea agreements were entered into and 129 warning letters were issued. The total Rand amount of Section 24G administrative fines related to the commencement of an unlawful activity decreased to R11 274 319 from R18 154 666 in the previous year.

In 2021/22, 4 171 facilities were inspected as part of the compliance monitoring function of the Green Scorpions.  Of the 4 171 inspections, 2 918 were to check compliance with environmental authorisations and/or permits, strategic and routine inspections, and 1 253 were reactive probes triggered by complaints.  A total of 1 123 inspections related to Section 30 incidents, including toxic spills and illegal dumping.

For the brown sub-sector, the unlawful commencement of environmental impact assessment listed activities continues to be the most common non-compliance, while in the green sub-sector, illegal hunting and illegal entry into protected areas continues to be the predominant environmental crimes.

There has been a fluctuation in the reporting of certain types of incidents, with a significant increase in reports on poaching (mostly related to abalone) from 3 in 2020/21 to 297 in 2021/22 with the opening up of the Environmental Crime Hotline to marine-related incidents. This was followed by a significant increase in air pollution complaints to 297 as compared to 115 complaints in the previous year.  

The number of complaints and incidents referred to the various spheres of government remained relatively stable, with those falling within the mandate of DFFE totalling 502 in 2021/22. There was a slight decrease in provincial-related complaints from 359 to 312 year-on-year.

Source: Government of South Africa

Minister Gungubele to reflect on the importance of evaluations in improving developmental outcomes

In an effort to improve implementation, developmental outcomes, and institutionalisation of evaluations, the Department of Planning, Monitoring & Evaluation (DPME) will host the National Evaluations Seminar (NES) in Pretoria, on 15 to 16 November 2022. 

The seminar will be officially opened by the Minister in the Presidency, Mondli Gungubele, and attend by various evaluation practitioners across the three spheres of government as well as State Owned Entities (SOEs), international stakeholders, civil society, professional bodies, and academia.

Several international speakers such as Bagele Chilisa of the University of Botswana, Andy Rowe of the Canadian Evaluation Association, Rashon Lane of the Harvard University will deliver papers on Decolonising Evaluations: Context Specific Evaluations, Rapid Impact Evaluation, and Evaluative Thinking respectively. 

The seminar will also reflect on the implementation of the National Evaluation Policy Framework (NEPF), which was developed by the DPME in 2019. 

It is expected that the seminar will enhance the knowledge, skills, and capabilities of the evaluation professional in identified areas; provide a platform for networking on best practices and professional experience, keep participants abreast of emerging local and international trends and their implication towards the strengthening of the National Evaluation System of South Africa and stimulate thinking and engagement on evaluation-related subjects.

Source: Government of South Africa

Deputy President David Mabuza, in his capacity as Chairperson of the Presidential Task Team on Military Veterans, will on Tuesday, 15 November 2022, visit Durban in the KwaZulu-Natal Province to engage with Military Veterans associations.

The Task Team chaired by the Deputy President was established by the President to provide political and structural support in addressing the concerns raised by Military Veterans.

The engagement is aimed at providing updates to Military Veterans on progress made in articulating its mandate through its seven work streams, which focus on these key areas:

• Review of specific provisions in the current Military Veterans Act 18 of 2011,
• Organisational re-design,
• Verification, Database Cleansing and Enhancement,
• Socio-Economic Support,
• Pensions and Benefits,
• Heritage, Memorialisation and the Burial for fallen Military Veterans, and
• Communications workstream, tasked to ensure that there is effective, timely and coordinated communication between Government and Military Veterans.

In this regard, the Task Team has already visited seven provinces, namely; Gauteng, Eastern Cape, Limpopo, Free State, Mpumalanga, North West and the Western Cape.

Through these engagements, the Task Team has made significant progress in ensuring that ensuring that Military Veterans and their families are provided with the care, support and opportunities necessary to lead their lives with dignity.

Deputy President Mabuza will be joined by the Minister of Defence and Military veterans, Ms. Thandi Modise, the Deputy Minister of Defence and Military Veterans, Mr. Thabang Makwetla, and senior government officials.

Source: Government of South Africa

President Cyril Ramaphosa has arrived in Bali in the Republic of Indonesia for the annual G20 Leaders’ Summit. 

The President will participate in deliberations among world leaders whose economies account for 85% of the global Gross Domestic Product (GDP), 80% of world trade and two-thirds of the world’s population.

The Summit takes place on 15 and 16 November 2022 under the G20 Presidency of Indonesia, themed “Recover Together, Recover Stronger”. 

The G20 was formed in 1999 as a result of the Asian financial crises of the late 1990s, initially as a gathering of finance ministers and subsequently as a platform for Heads of State and Government in the aftermath of the global financial crisis. 

The group consists of  leading developed and developing economies aiming at a collective response to global economic and financial challenges rooted in the interconnected economic and financial architecture. 

The G20 also seeks to increase multilateral cooperation for the recovery of the global economy, to bring stability to the global financial system, to promote long-term sustainable growth and to strengthen global economic governance. 

President Ramaphosa will be accompanied by the Minister of International Relations and Cooperation, Dr Naledi Pandor and Minister of Finance, Mr Enoch Godongwana.

Ahead of the start of the G20 Leaders’ Summit, the President will chair an engagement of the African Union and NEPAD on Africa’s value proposition and priorities.

Issues under discussion in this forum will include the continent’s aspirations to reach the United Nations Sustainable Development Goals (SDGs) by 2030, the realisation of the African Union’s Agenda 2063 goals, and securing permanent membership of the G20 for the African Union.

G20 Leaders will seek consensus on Global Health Architecture, Sustainable Energy Transition, and Digital Transformation.

The discussions of the G20 often reflect the foremost global political and economic challenges at any given time and therefore as a collective body tends to carry a significant profile and influence.

It is also an effective instrument for advancing much-needed global governance reforms and orienting the international development agenda.

The G20 agenda has expanded beyond economic and financial issues and now encompasses issues of peace and security, global governance, international terrorism, the environment, refugees and other geo-political and foreign policy-related matters.

President Ramaphosa will also have bilateral meetings  with Heads of State and Government to strengthen South Africa’s diplomatic, economic and cultural ties.

Source: Government of South Africa

North West Premier, Kaobitsa Bushy Maape, joined by the MEC for Cooperative Governance, Human Settlements and Traditional Affairs, Lenah Miga and the Chairperson of the North West House of the Traditional Khoi-San and Leaders, Kgosi Thari Maotwe will on tomorrow Tuesday, officially launch the 2022/2023 Traditional Council Elections in Mahikeng.

The elections in the fifty-six (56) traditional councils in the province are to be conducted in fulfilment of the Traditional and Khoi-San Leadership Act (TKLA) No. 3 of 2019, Section 16(1) which provides that once the Premier has recognised a traditional community and its traditional leader, a Traditional Council must be established within a period of two years of such recognition.

The launch will be attended, amongst others by Mayors, representatives from religious, civic and business organisations.

Source: Government of South Africa

Elderly beneficiaries receive their Title Deeds from Minister Simmers  

On Friday 11 November 2022, the Provincial Minister of Infrastructure Tertuis Simmers, gifted the elderly members of Nkqubela housing project with early festive season gifts. This happened when he delivered their tittle deeds 2 months after they received their house keys. 

The Western Cape Department of Human Settlements (DoHS) together with the Langeberg Municipality delivered 172 Breaking New Ground (BNG) housing opportunities through the Nkqubela Housing project. Construction of the R27 million budgeted project began in November 2021 and finished in August 2022, with qualifying beneficiaries taking occupancy soon thereafter. 

The beneficiaries of the project were sourced from farms in the greater Langeberg Municipal District and backyard dwellers. Mrs. Dikasi Luwalala (92) and oldest beneficiary said “it is with the highest gratitude that I stand here today and receive this tittle deed. At some point in my life I thought this dream will never be realized and today here we are. I would like to thank our Government for making this possible.”  

Speaking at the event Minister Simmers said: “Today we created a new chapter in the lives of these beneficiaries, as most of them were accustomed to a life of informality and relocating in between farms. This would not have been possible without the collaborative efforts of the two spheres of government. It is therefore a source of great pride for me that we are officiating at this handover and see the tangible impact of our services, in this community’s lives.” 

“The handover of these title deeds ensures that our beneficiaries are empowered with the security of tenure. This is true redress in action and demonstrates our commitment to restoring our people’s dignity” added Minister Simmers. 

Source: Government of South Africa

Thank you, mayor, for welcoming the attendees of the 9th National Environmental Compliance and Enforcement Lekgotla to your municipality. I trust that the lekgotla participants, who have travelled from all parts of the country to be here, will engage in constructive and meaningful deliberations during the course of this week in seeking common outcomes that will improve their compliance and enforcement activities during these challenging times.

In the past two years, COVID-19 has heightened human suffering, undermined the economy, turned the lives of billions of people around the globe upside down, and significantly affected the health, economic, environmental, and social domains. Its impact is being felt in all facets of our lives and has not left you, as the Environmental Management Inspectorate untouched, so I would request that we observe a moment of silence in recognition of all those members of the Inspectorate that succumbed to COVID 19 during 2020/2021.

This year, 2022 represents a significant milestone for environmental compliance and enforcement in South Africa. It marks seventeen years since an amendment to National Environmental Management Act created the Environmental Management Inspectorate, commonly known as the Green Scorpions, in our statute books. This legislative development pulled together existing efforts in the green, brown and blue subsectors into a single, cohesive and effective compliance and enforcement framework.

Colleagues, as you are aware the theme for this year’s lekgotla is “uncharted waters: new challenges   and solutions for the Green Scorpions” – the theme was wisely chosen to highlight the increasingly challenging and dynamic environment, in which you, the Green Scorpions are required to fulfil your duties. 

The World Economic Forum’s (WEF) Global Risks Report was released in January 2022; and provides a comprehensive analysis of the key risks predicted to arise from current global economic, societal, environmental and technological conditions. This report finds that respondents to the global risks perception survey perceive societal risks—in the form of “social cohesion erosion”, “livelihood crises” and “mental health deterioration”—as those that have worsened the most since the pandemic began. For the next five years, respondents again signal societal and environmental risks as the most concerning.

However, over a 10-year horizon, the health of the planet dominates concerns: environmental risks are perceived to be the five most critical long-term threats to the world as well as the most potentially damaging to people and planet, with “climate action failure”, “extreme weather”, and “biodiversity loss” ranking as the top three most severe risks. Their projected effects are extensive, and include intensified rates of involuntary migration, natural resource crises, pollution harms to health, geopolitical resource contestation, social security collapse and livelihood and debt crises.

South Africa has, over the past two years, already begun to feel the devastating impacts of these risks.  For example, heavy downpours in KwaZulu-Natal over only a two day period in April 2022 caused South Africa’s worst and most deadly natural disaster to date: a flash flood so rare and devastating it has a one in 300-year probability of recurring. The dire situation in this province was exacerbated by the extensive environmental damage caused by the hazardous chemical spill resulting from social unrest at the UPL facility as well as wide-spread pollution resulting from non-functional waste water treatment infrastructure. 

In addition to the apparent adverse health impacts of COVID-19 pandemic, it has also had significant impacts on the state of the environment, with a decrease in certain types of environmental non-compliances, balanced by a significant increase in others, including unlawful land occupation in and around protected areas/state forests.

Despite these obstacles, I am heartened to note that the Green Scorpions have, through your resilience and the desire to protect the environment, maintained, and in some instances, even increased your level of compliance and enforcement activities in the past financial year.  This is evidenced by the statistics outlined in National Environmental Compliance and Enforcement Report, which will be officially released later this morning.

Criminal investigation of environmental crimes has increased by 7.6% in the past financial year, with 952 criminal dockets registered. A total of 1091 admission of guilt fines to the value of R408 730.00 were paid – an increase of 6.6% — while 838 people were arrested.  There was an increase of 262.5% in the number of convictions for environmental crimes, showing a hike from 16 to 58 in the past financial year.  Six plea agreements were entered into and 129 warning letters were issued.

In 2021/22, 4 171 facilities were inspected as part of the compliance monitoring function of the Green Scorpions.  Of the 4 171 inspections, 2 918 were to check compliance with environmental authorisations and/or permits, strategic and routine inspections, and 1 253 were reactive probes triggered by complaints.  At total of 1 123 inspections related to Section 30 NEMA incidents, including toxic spills and illegal dumping.

These increases in environmental compliance and enforcement activities are to be commended, especially in light of the significant budget decreases experienced by the Green Scorpions as the country’s economy experiences a step down and other priorities compete for resources, limiting your ability to fill key posts and fund daily operations. In fact, the annual report notes a decrease of more than 5% in the number of national and provincial Environmental Management Inspectors (EMIs) from 3 158 in the 2020/21 financial year to 2995 in the last financial year.

Under these difficult circumstances, where the Green Scorpions are still expected to give effect to Section 24 of the Constitution (despite diminishing human and financial resources), it is imperative that you, the Environmental Management Inspectorate, seek new and innovative solutions to overcome these obstacles and continue to protect the environment in a manner that it is not detrimental to the health and well-being of the country’s citizens.

It is against this backdrop that the programme for the 9th National Environmental Compliance and Enforcement Lekgotla will provide you with an opportunity to freely explore potential solutions and how they can best be implemented. These include the development of a new national Compliance and Enforcement Strategy, improvement in cooperative governance, both with other regulatory authorities, as well as furthering partnerships with the non-governmental and private sectors, sharing of best practises with other Southern African Development Community (SADC) countries, the elevated use of information-technology to optimise compliance and enforcement efforts; as well as the upskilling on EMIs on key skills development areas.

I wish you all everything of the best over the next few days and trust that you will actively participate in the discussions to inform decisions on how to strengthen and enhance the work of the Green Scorpions in a manner that allows you to forge a way forward in the uncharted waters that you currently face.

Source: Government of South Africa