Jail time mooted for CEOs and municipal managers who commit environmental crimes

Jail time — rather than monetary fines — may be necessary to deter corporate and municipal leaders from committing environmental crimes with impunity.

That was the warning from Narend Singh, the deputy minister of forestry, fisheries and the environment, on November 18 at the biennial conference of the Green Scorpions, the government inspectorate charged with enforcing environmental protection laws.

“I take pride in standing alongside the Green Scorpions — those dedicated men and women who are at the forefront of protecting our environment for the benefit of both present and future generations.

“Your relentless efforts ensure that section 24 of our Constitution is not merely an eloquent set of words but a real promise to the people and the flora and fauna of South Africa, that we strive to uphold.”

In his opening address at the four-day conference in the foothills of the KwaZulu-Natal Drakensberg mountains, Singh said the world and South Africa were facing an increasing range of environmental threats, including climate change, the loss of biological diversity and air pollution levels that threatened the health of surrounding communities.

“So, it is crucial that we prioritise the fight against environmental crimes.”

Deputy Environment Minister Narend Singh. (Photo: Misha Jordaan /Gallo Images)

Deviating from the text of his prepared speech, Singh remarked that fines of R5-million, R10-million or R20-million for environmental offences were insignificant for certain offenders.

“We need to see some CEOs and municipal managers in orange overalls,” he said, noting that he met National Prosecuting Authority (NPA) head Shamila Batohi last week and she expressed willingness to work more closely with the Green Scorpions to prosecute environmental crimes.

Read more: Government opens criminal cases against 26 municipalities over sewage pollution crisis

Singh said he believed it was also crucial for government and international agencies to work more closely to curb transnational organised crime syndicates benefiting from the poaching of rhino horns or the decimation of rare succulent plants.

Rather than targeting the “small fry” local operatives, who were often exploited by foreign syndicates, it was necessary to aim much higher, for people “sitting on the 50th floor” of buildings in distant cities.

“This process must include not only environmental management inspectors from the environmental and water sectors but also essential partners such as the South African Police Service, the National Prosecuting Authority, the State Security Agency, the South African Revenue Service, the Border Management Authority, the Financial Intelligence Centre, the departments of health and mineral resources, and the Interpol National Central Bureau office.”

Similar, determined action was needed to halt the widespread pollution of rivers and beaches by continued flows of untreated sewage from dysfunctional municipal wastewater treatment works.

Visitors swimming in Kalk Bay’s Dalebrook tidal pool despite a warning sign posted by the City of Cape Town. (Photo: Steve Kretzmann)

Later, at a media briefing, Singh returned to the issue of sewage pollution by municipalities and appeared to acknowledge criticism about the futility of fining municipalities when ratepayers’ funds were used to pay such fines.

But tough talk can be cheap.

In response to questions about the lengthy delay in setting a court appearance for the Mumbai-based UPL pesticides and agrochemicals giant in the aftermath of the July  2021 air, ground, water and sea pollution north of Durban, Singh was not able to provide a clear answer.

Several criminal cases were opened against UPL by the Green Scorpions at the Verulam Police Station more than three years ago in case number CAS 06/09/2021, but no court date has yet been set in connection with alleged crimes by the company.

Read more: UPL criminal investigation ‘still in progress’ three years after toxic chemical spill in Durban

Daily Maverick asked the deputy minister to comment on the possibility that the delay was due either to investigation shortfalls by the Green Scorpions or the NPA or because of political interference to go softly against a major foreign investor.

Singh replied that he was sure the Green Scorpions had “done their work”, though he was unable to comment on why the NPA had not yet taken the matter to court. He suggested this was an issue that senior members of his department could “take up” with the NPA.

“As for ‘political interference’, there is certainly nothing from me or from the [KZN MEC for environmental affairs, Rev Musa Zondi]. Vanessa Bendeman, the department’s deputy director-general for regulatory compliance, said she was hopeful that she could provide clarity on the NPA’s position on the UPL issue within the next week or so.”

Frances Craigie, the head of the Green Scorpions, suggested that the UPL matter was “quite a unique case” due to the fact that the chemical fire and explosion were the result of the July 2021 unrest.

“I do think they [the NPA] are considering it, and it’s taking a bit of time because of the complexities of the case… In the early stages of the investigation, we were asked to do a few additional things, but I think Vanessa and I can follow up [with the NPA].” DM