This week, South Africa’s Department of Environmental Affairs (DEA) held the Environmental Compliance and Enforcement Lekgotla in Rustenburg in the North West Province. The theme for this year’s lekgotla was “Power of the Past-Force of the Future: A Decade for the Inspectorate: 2005-2015”.

Twenty-fifteen represents a significant milestone for environmental compliance and enforcement in South Africa. It marks ten years since an amendment to the National Environmental Management Act created the Environmental Management Inspectorate (commonly known as the Green Scorpions) in South Africa’s statutes.

This legislative development pulled together existing efforts in the green, brown and blue subsectors into a single, cohesive and effective compliance and enforcement framework.

During his welcome address, the HOD for the North West’s rural, environment, agriculture and development department, Dr Poncho Mokaila said, “The theme also elevates 2005–2015 as the phenomenal decade for the Inspectorate through environmental compliance and enforcement.”

Public sector participation

The Green Scorpions (Environmental Management Inspectors – EMIs) as well as other critical environmental compliance and enforcement role players from across the country, including the South African Police Service, INTERPOL, South African Revenue Service, Border Management Agency: Project Office, Department of Water and Sanitation, National Prosecuting Authority (NPA) and Department of Mineral Resources converged in Rustenburg for the event.

Green scorpion growth

The capacity of the EMI has grown over the last financial year with a 19.8% increase in the total number of EMIs on the national register from 1 915 in 2013/14 to 2 294 in 2014/15. Of the 2 294 that are registered on the national register, there has been a marked increase in the number of local authority and field ranger Grade 5 EMIs. Local authority EMIs have significantly increased from 42 in 2013/14 to 180 at the end of 2014/15 financial year. Of the total 2 294 EMIs on the national register, 1 300 (56%) are Grade 5 EMIs (field rangers employed at national and provincial parks authorities).

Room for improvement

Despite the general increase in the Inspectorate’s numbers, it should be noted that some EMI institutions experience ongoing challenges with a lack of capacity. 4 EMI Institutions (Cape Nature, Mpumalanga, MPTA and Isimangaliso) together have only 54 EMIs, comprising less than 3% of the total. Two provinces recorded 0 municipal EMIs (Free State and Northern Cape) and 1 province (Eastern Cape) only has 3.

With respect to criminal enforcement, there has been an 8.5% increase (1861 to 2019) in the number of criminal dockets registered when compared with those registered during 2013/14 reporting period. The total number of arrests by EMIs has generally decreased from 1818 in 2012/13 to 1 371 in 2013/14 and 1 259 in 2014/15. The number of criminal dockets handed to the NPA has decreased by 33% from 379 in 2013/14 to 253 in 2014/15. Convictions reported have decreased by 16.7% from 78 reported in 2013/14 to 65 in 2014/15.

These figures indicate that, although the Inspectorate has increased the number of dockets registered, that there is room for improvement in the finalisation of investigations and subsequent convictions, bearing in mind that the criminal procedure process does take an extended period of time to finalise that often spans two reporting periods.

New enforcement strategy

Speaking at the launch, deputy director-general for legal authorisations compliance and enforcement at the DEA, Ishaam Abader, said “A more recent highlight is the adoption by the Inspectorate of the National Compliance and Enforcement Strategy. This strategy was developed to identify critical areas of improvement and represents a short to medium term roadmap to a compliance and enforcement system that is, in summary, simpler, better and faster. This financial year marks the first of a five year implementation plan. In this regard you will notice that the workshops this afternoon are all focused on recommendations emanating directly from the strategy.”

Members of the public are urged to report environmental incidents and crimes to the 24 hour hotline 0800 205 005.