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Rise in conviction rate for environmental crimes

27th November 2015

By: Megan van Wyngaardt

Creamer Media Contributing Editor Online

  

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The number of environmental crimes finalised with a verdict by the National Prosecuting Authority (NPA) increased by 60.6%, from 165 cases in 2013/14 to 265 cases in 2014/15, while the conviction rate increased from 87.3% to 94.7%, the ‘National Environmental Compliance and Enforcement Report’ has shown.

The number of criminal dockets registered had also increased significantly, from 1 861 to 2 019.

However, cases handed over to the NPA for prosecution dropped from 378 in 2013/14 to 257 in 2014/15, while the authority also declined to prosecute 24 cases, up from 15 in the prior year.

At a media roundtable in Pretoria, Department of Environmental Affairs (DEA) environmental management inspectorate director Mark Jardine explained that with criminal investigations taking about two to three years to finalise, the increase in dockets might not have translated into cases handed to the NPA for convictions in the same financial year and would be processed in the next financial year.

“Hopefully, the increase in dockets registered will result in more cases handed over to the NPA and more convictions in subsequent years,” he said.

The year under review continued to display a similar pattern in relation to the most prevalent types of environmental crimes being detected by, or reported to, the environmental management inspectorate, or Green Scorpions, with the unlawful start of environmental- impact-assessment-listed activities continuing to be the most common noncompliance in the pollution and waste management subsector.

In the biodiversity and protected areas subsector, illegal hunting, particularly of rhinos, continued to be the predominant environmental crime.

Further, Jardine pointed out that there had been an increase in warning letters, predirectives and precompliance notices issued to institutions and individuals for non- compliance during the year, but that the final directives and notices issued had decreased.

“This is an indication that the Green Scorpions are achieving compliance through prenotices and not having to issue the final notice or directive,” he said.


Over the reporting period, a total of 824 rhino horns were verified at 53 facilities.

In response to a Parliamentary Portfolio Committee instruction, the DEA, in collaboration with the Limpopo Department of Economic Development, Environment and Tourism and the North West Department of Rural, Environment and Agricultural Development, would continue with the verification of private rhino horn stockpiles.

Each detached rhino horn needed to be measured, weighed, microchipped, marked with a ZA number and DNA sample, aimed at ensuring uniform identification processes to assist in keeping the national database properly updated.

Also speaking at the round- table, DEA environmental enforcement chief director Frances Craigie noted that, to support the South African Police Service, which handled the dockets for rhino poaching investigations, the department had implemented a strategic management approach.

This included the Global Environ-ment Facility – United Nations Environmental Programme Rhino Programme, which had transferred some of the initial $250 000 funding to the University of Pretoria Veterinary Genetics Laboratory to increase the capacity to process rhino DNA samples and to cover costs of DNA kits.

Other work undertaken during the year was the procurement of mobile forensic units and advanced crime scene management training courses.

“We are also helping the police build up a new forensic science laboratory, focusing on environmental crime,” she said.

Edited by Chanel de Bruyn
Creamer Media Online Managing Editor

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