Welcome to the fourth edition of the Inspector, the official quarterly newsletter of the Environmental Management Inspectorate.

This edition marks the end of the first year of the Inspector, as we continue our efforts of establishing this newsletter as a key communication tool to connect Environmental Management Inspectors and other important role players across national, provincial and local government institutions.

Along with our usual newsletter features, we bring you information on a number of successful prosecutions during the last quarter, as well as important judicial guidance for EMIs to take into account in the drafting and execution of search warrants.

We also bring you extensive coverage of the fourth Environmental Compliance and Enforcement Lekgotla (ECEL), hosted by the Department of Environmental Affairs and held in Polokwane. Half a decade since the creation of the Inspectorate, the main objective of this event was to discuss topics of general interest, develop capacity and adopt strategies to tackle the current challenges facing the environmental compliance and enforcement sector.

I would like to take this opportunity to thank all those officials who assisted in the organisation and hosting of the ECEL, as well as all the attendees who contributed in making this event a success. The true measure of success, however, is in the implementation, and we hope that officials will be inspired to continue to build on the achievements of the first five years of the Environmental Management Inspectorate.

Ziyaad Hassam

Ziyaad Hassam

Volume 4. Quarter 4. 2012. EMI newsletter

From The Editor 1 Legally Speaking 2 All Rise In Court 3 Strategic Inspections 4 Take Note 4 NECEF 5 Media Briefing 6 Gala Dinner 6 Training Day 7 Excursions 8 Debora Patta 8 Stakeholder Discussion 9 Workshop Discussion s 10 EMI Institutions’ Feedback 11 Nice To Meet You 12 Nice To Meet You Too 12 Nice To Meet You Three 13 In Memory Of A Good Man 13 On A Lighter Lekgotla Note 14 Hot Off The Press 15

From The Editor Contents

WASTEMAN HOLDINGS (PTY) LTD v MINISTER OF ENVIRONMENTAL AFFAIRS

The Department of Environmental Affairs (DEA), the KZN Provincial Department and Ethekwini Municipality received complaints from residents and community leaders in the Chatsworth area regarding the dumping of unauthorised waste on the Bulbul Drive Landfill site of Wasteman - a waste disposal company which collects and disposes of medical waste for their clients. On 9 February 2011, DEA applied for, and was granted a search and seizure warrant in respect of the Bulbul landfill site. The warrant was executed on 10 February 2011, after which Wasteman brought an application to set aside the search warrant on the grounds that it was unlawful, alternatively seeking to review and set aside the decision to authorise the search warrant on the basis that a proper case had not been placed before the Magistrate in the affidavit in respect of which the application was made.

The application was heard in the Durban High Court on 14 June 2011 and judgement handed down on 20 December 2011, wherein the court ruled in favour of the applicant, in so doing, ordering that the search warrant that was issued on the 9 February be set aside, and further that all documents and objects seized and samples taken pursuant to the execution of the search warrant be returned to the applicants.

The implications of this judgement should serve as critical judicial guidance to EMIs when applying for search warrants. For a search warrant to be valid, it must fulfill the test of being drafted in a “reasonably intelligible manner”, which includes the following:

The statutory provision in terms of which the warrant has been issued;

Identity of the person/s who will conduct the search;

The legislative authority given to the searcher;

Identity of the person, container or premises to be searched;

Description of the article to be searched for and seized;

Details of the offence/s which triggered the criminal investigation;

Names of the suspected offender/s.

For a copy of the full judgement, please contact Ziyaad Hassam at zhassam@environment.gov.za.

S v AESTHETIC WASTE SERVICES (PTY) LTD

During July 2009, DEA received a complaint that Heath Care Risk Waste ("HCRW") was being stored unlawfully at a location in Butterworth, Eastern Cape. The complaint was followed up and a site investigation was executed by EMIs from DEA and the Eastern Cape Provincial Department, who discovered a large amount of HCRW being stored on site. As is often the case in matters of this nature, the area smelled of rotten and decaying human flesh and posed a threat to both human health and the environment. A criminal investigation was then undertaken by DEA.

During January 2010, further complaints were received and investigated by officials from the Eastern Cape Provincial Department, and a further criminal case was opened against the company and its directors. The various contraventions were thereafter collated for trial purposes and the matter was heard in February 2012 at the Butterworth Regional Court. The accused was charged with contravention of section 20(1) of the Environmental Conservation Act (operating a waste disposal site without a license); and section 35(2) of the National Environmental Management: Air Quality Act (failure to take reasonable steps to prevent the emission of noxious and offensive odours).

The company, represented by Mr. Nakin (a director) pleaded guilty on both counts and was sentenced to a fine of R200 000 suspended for 5 years.

Compiled by Eugene Swart & Heloise van Schalkwyk

Environmental Management Inspectorate Newsletter Volume 4, March 2012

2

Legally Speaking

Environmental Management Inspectorate Newsletter Volume 4, March 2012

SUMMARY OF BIODIVERSITY CONVICTIONS

S v I Maluleke and two others - Case Number: RP 101/11, Phalaborwa Regional Court (Prosecutor J Manzini) Whilst on patrol, game rangers found a freshly dehorned rhino carcass. They followed footprints found near the crime scene and heard shots being fired, after which they found and arrested four people lying underneath some bushes. The arrested persons had in their possession rhino horns, two rifles, ammunition and two axes. One of the arrested persons later died. The remaining three accused all pleaded guilty on the following four counts: hunting of rhino (count 1), possession of a prohibited firearm, being an AK47 (count 2), possession of a rifle (count 3), and possession of ammunition (count 4). They were all sentenced to 10 years imprisonment or R100 000 fine on count 1, 15 years imprisonment on count 2, 8 years imprisonment on count 3 and 15 years imprisonment on count 4, with counts 2 and 4 to run concurrently.

S v ES Sigauque – Case Number: SH 45/2010, Mokopane Regional Court (Prosecutor D Lamminga) After hearing a gunshot early in the morning, a Limpopo farm manager and trackers found a dehorned rhino, which had been shot with an R5 firearm. They found footprints and tracked them for approximately 5km, where they found 4/5 persons sitting down to eat. Having been disturbed by the trackers, they all split up and ran into the mountains. An axe was later found, which DNA analysis later confirmed had carried blood from a white rhino. One person was later found and was shot in the hip. The evidence of the tracker, who testified that he matched the shoes which the accused was wearing at the time of his arrest to the tracks at the crime scene, formed the crux of the case. Having denied that the shoe belonged to him, the accused’s’ foot was cast and the shoe sent for forensic analysis to make the necessary comparison, after which it was confirmed that the shoe was in fact that which was worn by the accused. The accused was charged and convicted in terms of the Limpopo Environmental Management Act for illegal hunting of a rhino (count 1) and for trespassing (count 2). Upon conviction, Col. Jooste testified in aggravation of sentence, which contributed significantly to the accused being sentenced to 12 years imprisonment on count 1 and 1 year imprisonment on count 2, with both counts to run concurrently.

S v Els - Case Number: 1067A/2010, Musina Regional Court (Prosecutor A Weideman) A game trader in Thabazimbi pleaded guilty to the illegal buying, possession and conveyance of 30 rhino horns (count 1), which he bought from a now deceased acquaintance. The seller was the manager of Maremani Nature Reserve, owned by a Danish consortium, where rhino were dehorned and sold to the game trader. The game trader also dehorned 8 of his own rhino (count 2). He was sentenced to 10 years imprisonment, 2 of which were suspended for 5 years in respect of count 1, and to 4 years imprisonment, wholly suspended in respect of count 2. He was further ordered to pay R100 000 per month over a ten month period to the National Wildlife Crime Reaction Unit to assist in rhino research.

S v D Mathebula and two others - Case Number: 230/11, Mokopane District Court (Prosecutor E Nel) A member of the public driving past the veld saw something that resembled a torch light. Aware of the cycad thefts in the area, he reported a suspicious red bakkie to the authorities. Four accused were later arrested, having been found in possession of one cycad, with another pointed out at the location where it had been hidden. The value of the two cycads was estimated at R18 250.00, and both could not be saved. The accused were later charged in terms of Section 57(1) of the Biodiversity Act. For their varying roles in carrying out the offence, Accused 1 and 3 were sentenced to 30 months imprisonment, Accused 2 sentenced to 4 years imprisonment, and Accused 4 sentenced to 2 years imprisonment, suspended for 5 years.

Compiled by Z Hassam and H van Schalkwyk

All Rise In Court

3

TIME TO REPORT

Officials are requested to timeously submit their annual compliance and enforcement statistics for publication for the 5th National Environmental Compliance and Enforcement Report to their MINTECH Working Group IV members. Consolidated statistics should be submitted to DEA on or before 20 April 2012. For a copy of the latest template, please contact Sipho Sibanyoni at (012) 310 3846 or ssibanyoni@environment.gov.za.

EMI LEGISLATION HANDBOOK A comprehensive, updatable collection of environmental legislation is a key information resource for all role-players involved in the inspection, investigation, prosecution and adjudication of environmental crimes, including Environmental Management Inspectors (EMIs), prosecutors and magistrates. This handbook was developed to serve as a legislative reference companion to the standard operating procedures set out in the EMI Operating Manual; and the two publications should be used in conjunction with each other. Distribution of the Legislation Handbook will be made through your Working Group IV representative. Alternatively, you can contact Ziyaad Hassam at zhassam@environment.gov.za to obtain a copy.

SECTION 30 GUIDELINE

Officials involved in the administration of Emergency Incidents in terms of NEMA Section 30 are requested to contact Stewart Green at sgreen@environment.gov.za in order to obtain a copy of the “Guideline for the administration of Emergency Incidents” handbook.

CAPACITY BUILDING

Quarter 1 of the coming financial year will see three training courses being presented. The first will be the DEA EMI 3 week basic training course in Mpumalanga, presented from 7-25 May 2012, followed by a weeklong advanced prosecutor course held in conjunction with the NPA from 11-15June, and lastly the Justice College prosecutor training from 25-29 June. Please contact Jacques at jdutoit@environment.gov.za for further information on any of these courses.

STRATEGIC INSPECTIONS

During this quarter, an inspection was conducted in the Limpopo Province, at Silicon Smelters. The inspection was conducted by officials from DEA, Limpopo Provincial Department, Department of Water Affairs, and the Capricorn District Municipality.

A follow-up inspection was also conducted at Foskor in Richards Bay during the last week of March 2012. The inspection focused on progress made to address the findings of non-compliances identified during the baseline inspections conducted in March 2007 and January 2008. The inspection also monitored compliance against several authorisations which were issued to Foskor subsequent to the conclusion of the baseline inspections.

Nketu Lesejane

Environmental Management Inspectorate Newsletter Volume 4, March 2012

Take Note Capacity

Photo showing Silicon

Smelters and surroundings

4

Strategic Inspections

5

NATIONAL ENVIRONMENTAL CRIME FORUM

The fourth national Environmental Compliance and Enforcement Lekgotla (ECEL) kicked off with the convening of the National Environmental Crime Forum. The purpose of this forum is to bring together the role-players in the criminal justice system, which has a key role to play in the combating of environmental crime in South Africa. The Deputy-Director General of DEAs’ Environmental Quality and Protection branch, Mr Ishaam Abader, accordingly welcomed the various NECF members in his opening address. Ms Frances Craigie (DEA) then gave an overview of the key priorities identified by the previous NECF held in 2009, and an outline of the progress made on each of these priorities.

This session was followed by individual presentations by NECF members on their achievements during the last three years, highlighting those projects where collaboration with other enforcement authorities played a critical role in their successes: Presentations were made by Senior State Advocate Dania Bruwer (NPA), Major-General Mapyane (SAPS), Colonel Gerhard Vermeulen (SAPS Forensic Laboratory), Senior public Prosecutor Christa Booysen (JC), Mr Charles van Niekerk (SARS), Mr David Kleyn (DAFF) and Ms Mishelle Govender (DWA).

These presenters were then requested to lead breakaway discussion groups focusing on better collaboration with institutions, such as the SAPS Forensic Laboratory, the NPAs Asset Forfeiture Unit and the South African Revenue Service; as well as an assessment of the current provincial environmental crime forums and the sharing of information, such as case law, judgements etc. The NECF closed off with a series of afternoon workshops that delved into specific areas of concern, including the EMI-SAPS Standard Operating Procedure, the prosecution of environmental crime, the need for intelligence gathering and information-sharing, the establishment of an environmental fund and the clarifying of roles and responsibilities in investigating environmental crimes. Each of these workshops developed specific recommendations to be assessed and prioritised for implementation.

Although the presentations, breakaway sessions and workshops highlighted the fact that significant progress is being made by the NECF members in the investigation and prosecution of environmental crime in the country, the following quote from the DDG’s opening address is a stark reminder of the immense challenge that lies ahead, “As an unintended consequence of enhanced access to South Africa’s natural resources facilitated by increased, technological advancements and ongoing efforts to promote inclusivity in environmental governance, the opportunity and attractiveness for criminal elements to abuse and exploit our natural resources has increased. While the direct cost of environmental crime to individual institutions may be substantial, it pales in comparison to the extent of damage to the function of our ecosystems that can arise from the failure to implement adequate measures to effectively combat environmental crime, in particular those relating to our most scarce resources. Such costs may also include reputational damage to our country and loss of confidence from our international partners, especially in areas where we are tasked to uphold the obligations set out in international conventions.”

By Mark Jardine

ECEL Day 1

LEKGOTLA NEWS

Environmental Management Inspectorate Newsletter

Volume 4, March 2012

DEPUTY MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS MEDIA BRIEFING

The Deputy Minister of Water and Environmental Affairs, Ms Rejoice Mabudafhasi, held a media briefing relating to the critical issues being discussed at the ECEL. In her media statement, the Deputy Minister highlighted some of the major achievements and challenges of the Green Scorpions in the previous three years, re-iterating the role that other government partners play in environmental compliance and enforcement: “In the last few years we have seen that the prosecution of environmental crime has improved. In terms of a new structure implemented within the National Prosecuting Authority, certain resources were directed specifically to the prosecution of environmental offences. Advocates within a number of the provincial offices of the Directorate of Public Prosecutions were assigned to co-ordinate and manage certain environmental cases and a national coordinator was appointed. This resulted in a number of long outstanding cases being finalised and other newer cases reaching court within much shorter timeframes”. Mark Jardine

ECEL Day 1: Continued

GALA DINNER After the closing of the National Environmental Crime Forum, everyone prepared for the evening’s gala dinner.

The keynote address, delivered by the Deputy Minister of Water and Environmental Affairs, Ms Rejoice Mabudafhasi, was followed by the signing of the EMI Local Authority Implementation Protocol between the HOD of Limpopo and various executive mayors. The conclusion of this agreement will facilitate the designation of local authority environmental officials as EMIs.

The formal part of the evening reached its pinnacle with the Deputy Minister announcing the winners for the EMI Awards of Excellence, which were first handed out in 2006 and give recognition to outstanding performance by government officials. This year’s adjudication panel comprised of Dania Bruwer (NPA), Richmond Gqirana and Ziyaad Hassam (DEA).

The winners of the awards in the respective categories were:

Outstanding Contribution to the Prosecution of Environmental Crime: Marile van Heerden (DPP South Gauteng).

Outstanding Contribution to the Investigation of Environmental Crime: Joint winners Marie-Louise Lume (DEA) and Carl Nortier (SANParks).

Outstanding Contribution to the Inspection of Environmental Legislation: Motebang Gregory Molise (GDARD) – not pictured.

Outstanding Contribution to the Administrative Enforcement of Environmental Legislation: Frances Craigie (DEA).

Congratulations to the winners in their respective categories and may this serve as a challenge to other EMIs to give their best and

make a difference.

6

Marile van Heerden Cecilia Petlane on behalf of

Motebang Molise Marie-Louise Lume and Carl Nortier Frances Craigie

Deputy Minister Ms Rejoice Mabudafhasi, flanked by DDG Mr Ishaam Abader and Chief Director of Communications,

Mr Albie Modise.

Short Course D: Inspection report writing, doing it right.

This course highlighted the key areas of successful report-writing, as well as potential pitfalls. The conducting of environmental compliance inspections is not complete unless the non-compliances detected on site can be effectively translated into a comprehensive and legally defensible compliance inspection report.

Short Course B: TOPS Amendments for successful prosecutions.

In recent years, the legislative landscape of biodiversity legislation has been changed by the NEM: Biodiversity Act and accompanying regulations (such as on threatened and protected species). This session focused on providing feedback on potential areas of improvement in the legislation, based on recent investigations / prosecutions.

Short Course A: Getting to grips with the new EIA listed activities.

This short course was aimed at developing the capacity of EMIs to identify and respond to EIA contraventions, which, according to the latest national Compliance and Enforcement report, is the most prevalent type of environmental crime being reported across the provinces. However, the regulatory framework is complex and dynamic.

Short Course C: Understanding criminal procedure in investigating of environmental crime.

This short course explored the interrelationship between criminal procedure and environmental law through the discussion of relevant legislation and case studies. It reiterated the importance of the correct understanding of criminal law and procedure in ensuring the successful conviction and sentencing of environmental criminals.

7

ECEL TRAINING DAY

Day 2 of the Lekgotla was all about training and 4 short courses were on offer. The topics and presenters for this day were carefully selected to provide EMIs with meaningful knowledge which they could use in their daily work environment.

DEA would like to thank the following presenters for their time and effort:, Course A: Franz Scheeprs, Takalani Nemarude and Simon Moganetsi (DEA), Course B: Thea Carrol, Magdel Boshoff (DEA) and Dania Bruwer (NPA), Course C: Christa Booysen and Daleen Riekert (Justice College) and Ziyaad Hassam (DEA) and lastly Course D: Nketu Lesejane, Cashandra Fredericks (DEA) and Tokgamo Gaoraelwe (Northern Cape).

ECEL Day 2

THE EXCURSIONS

The third day was more of an unwinding session and “letting your hair down”, as EMIs were taken to the Makapansgat Valley caves, an important paleontological heritage site and got to learn more about the archaeology and history of the caves.

The second session involved getting up close and personal with some reptiles, including the Puff Adder, the Cobra and the Python. EMIs were afforded the opportunity to interact with a 2.5 metre long python named Adam, and even carry it on their shoulders. Definitely not for the faint hearted!

During the last session, presenters from the Cheetah Outreach Programme gave a presentation on endangered cheetahs and as a show stopper, brought in Sabelo (not to be confused with DEAs Sabelo Malaza) the cheetah. The room had to be dead quite as Sabelo becomes spooked by loud noises. In the end, we all came back with our fingers intact, Phew!

After lunch, the delegates engaged in some competitive games of soccer, rugby and cricket.

Tebogo Makunyane

ECEL Day 3

Sabelo the Cheetah

EMIs enthralled by

Adam the python Posing inside

Makapanstad Cave

EVENING GUEST SPEAKER - DEBORA PATTA

Debora Patta, the executive producer and anchor for television programme 3rd Degree, addressed the EMIs on the attributes and skills required of a good investigator.

As one of the most prominent and respected investigative journalists in South Africa, this fearless political activist and award-winning journalist inspired the audience through a mixture of retelling some of her most compelling investigative stories, as well as recalling a number of inspirational anecdotes gathered during her coverage of former president Nelson Mandela’s years as president of South Africa.

The event certainly proved to be one of the highlights of the ECEL.

8 Debora Patta

MULTI STAKEHOLDER DISCUSSIONS

The purpose of this session was to provide an objective assessment of how the Inspectorate has been doing over the last five years, covering amongst other things, the achievements, lessons learnt, challenges, opportunities and issues for future consideration. The panel discussion was chaired by Mr. Peter Lukey from DEA, who opened the session with an overview of the formation of the Environmental Inspectorate and the manner in which it has grown substantially over the last five years. He then invited the panel members, comprising of Mr Eugene Cairncross representing Groundwork, Mr Anton Moldan from the SA Petroleum Industry Association, Mr Jan Potgieter from the Ferro Alloy Industry Association, Environmental Lawyer Mr Sibonela Ndlovu from the law firm SmithSummers Ndlovu, Professor Alexander Patterson from the Institute of Marine and Environmental Law at University of Cape Town, Ms Mpati Makoa from SANRAL, and Mr Herman Meyeridricks from the Professional Hunters Association of South Africa to each make a 20 minute presentation on their perception of the work of the Inspectorate. They thereafter fielded a series of questions from the audience, with the following issues emerging as central themes amongst the panelists:

The need for EMIs to improve their communication across the three tiers of government (vertical and horizontal), to ensure the effective and efficient performance of their functions, mandates and powers, and to further improve communication with the public and NGOs.

The misuse of Section 24G of NEMA by the regulated community, and the need for a policy change on the object and purpose of this provision, as well as the relationship between the concurrent administrative and criminal processes.

The continued need for specialised training for EMIs, particularly in respect of the understanding of complex industrial processes.

The need for the establishment of specialised adjudication authorities, following the model of the Labour and Competition Courts.

The need to streamline permitting processes and the interaction between the issuing and enforcement of permits and authorisations. We thank all the panel members for availing themselves for this discussion and for the frank and honest feedback provided, and Sabelo Malaza for co-coordinating the event.

Sipho Sibanyoni

CD: Peter Lukey addressing the first

session behind him delegates from

different stakeholders

ECEL Day 4

9

Panel Discussion Chair: Mr Peter Lukey (DEA)

Just before lunchtime, Andrew Lowry, a senior lecturer from the Tshwane University of Technology gave an entertaining (and spine chilling) presentation on the impact that the human race is having on the planet's environment.

The main message behind the presentation by Mr Lowry was that, through our disrespect for the environment, we as humans have caused the irrevocable destruction of many animal and plant species; as well as their habitats.

These extinct species and degraded habitats can be seen as "rivets" being "popped" from an aircraft wing - on a flight that we have all boarded: "Flight: ACT b4its28." In order to prevent the imminent crash landing of this aircraft, Mr Lowry implored the Green Scorpions to keep our eyes on all species and habitats that form the cornerstone of our planet's health.

by "Kevin" Jardine

WORKSHOP DISCUSSIONS

The afternoon session saw the delegates split into four discussion groups, each focusing on a specific challenge facing the Inspectorate.

The first workshop was titled Going Local with the Green Scorpions: Making it Happen. This workshop sought to explore the various challenges faced by the Inspectorate in designating EMIs at local authority level; and to propose a number of appropriate strategies to overcome these challenges.

The CSIR teamed up with DEA to present the second workshop on Taking the Green Scorpions into the 21st Century: the use of Spatial Technology in Environmental Crimes. In this workshop, the CSIR presented their project on how the development of relevant spatial and geographic tools can assist in combating crime; and requested the attending EMIs to assess whether these types of tools could be used to improve environmental compliance and enforcement.

The Concurrence Conundrum: How do we make our concurrent functions work effectively, was the topic of the third workshop which sought to explore more effective ways for the Green Scorpions to collaborate in a context where the responsibility to undertake environmental compliance and enforcement is decentralised, and rests on all 3 spheres of government.

The final workshop, Breathing New Life into the Green Scorpions, explored ways to keep the motivation going by recruiting the “right” people; and through proper marketing and promotion of the Green Scorpion brand.

The recommendations of these workshops will be consolidated and included in a report to be approved at the next MINTECH WGIV meeting in April 2012.

Sipho Sibanyoni

10

ECEL Day 4: Continued

DDG: Ishaam Abader and Senior TUT

lecturer: Andrew Lowry

EMI INSTITUTIONS ACHIEVEMENTS AND CHALLENGES: On the final day of the ECEL, EMI Institution representatives were given an opportunity to

present their own Achievements and Challenges to the attendees. The day’s discussions

were formally opened by Sonnyboy Bapela, Chief Director Regulatory Services at DEA

and everyone was interested in hearing from their counterparts on the progress made and

challenges faced since the last ECEL.

Common Achievements:

General increase in the number of compliance and enforcement activities;

Number of officials attending EMI Basic Training and being designated;

Effective collaboration with the NPA and SAPS through forums such as provincial environmental crime forums;

Significant fines issued and paid in terms of S24G;

Increase in the number of multi-stakeholder forums/authorities to tackle environmental crime.

Common Challenges

High staff turnover and vacancy rate;

Highly complex and dynamic legislative mandate for EMIs;

Abuse of S24G processes;

Non-compliant organs of state;

Lack of skills (for example, technical industrial and criminal investigation);

Long, drawn-out period for finalisation of criminal cases;

Human Resource and Financial Capacity Constraints.

The DDG: Environmental Quality and Protection, Mr Ishaam Abader, then closed the 2012 ECEL with a call to all of the attendees to continue with their dedicated work into the next half a decade; and commit themselves to taking the recommendations of the event forward with courage, perseverance and integrity.

Mark Jardine

ECEL Day 5:

11

Sonnyboy Bapela: Chief Director

Regulatory Services DEA

Q: Do you feel the slogan used “Pause, Hold, Engage “was relevant and why? A: “Pause, Hold, Engage” was a clever slogan to use and definitely relevant. Half a decade since the inception of the Green Scorpions, we need to pause and consider what our successes and failures have been. We must strategise and then engage in a higher gear. Also for those of us who have played rugby, we understand the hard slogging associated with scrumming and the camaraderie that results from team work in the park. As EMIs, we need to support one another and engage environmental criminals head on.

Q: What is the one thing you will take away from this Lekgotla? A: Debora Patta and Andrew Lowry were both excellent motivational speakers. I paused for a while and did some soul searching after their talks. Am I still as courageous, persistent and committed to looking after the environment as I was 30 years ago? How many rivets have popped since I began working and could I have done more to prevent species from becoming threatened or going extinct? I lie awake some nights and think about ways of preventing our rhinos from being exterminated and feel helpless - sometimes wanting to throw in the towel. Andrews’ words will answer me in future-“It’s not only the rhinos that rely on our help but the rhino beetle, rhino frog, rhino chameleon and all manner of little creatures.” We have to persevere against all odds to keep trying to prevent more rivets from popping.

Q: Do you feel the award ceremony held for EMIs increased morale A: Awards increase the morale of those who receive them and I think this year’s recipients are worthy winners. However there is always a danger that other people who may be as, or even more deserving as winners, feel despondent and hard done by. I have been fortunate to receive several awards for my contribution to conservation but I never deserved sole recognition for these efforts-it was always team work and only because of my loud mouth that I was singled out. There are many unsung heroes who quietly get on with the work, often producing far more than their peers or supervisors.

Q: Which workshop benefitted you most and do you feel it contributed to solving some of the problems you encounter in your daily tasks? A: Workshop 3: The Concurrence Conundrum: How do we make our concurrent functions work effectively? During this workshop, it was emphasised that EMIs should not create unhealthy competition amongst themselves but rather create a spirit of working together. This eliminates the unnecessary duplication of work, as facilities also complain that they are dealing with various EMIs from different authorities and this creates uncertainties as to what is required from them.

Q: What would you do different in your department/province after attending this

Lekgotla? A: I will undertake to make the effort to communicate more regularly and effectively with all internal and external stakeholders, and engage them on issues, so that they understand the reasons and the timeframes that are given to them more clearly.

Q: Do you have any suggestions / issues that should be addressed in future Lekgotlas? A: We should probably plan a big inspection for half a day in the province hosting the EMI Lekgotla and do an OPERATION HLASELA, OPERASIONELE AANSLAG, OPERATION ATTACK to show all violators of environmental law that EMIs are looking after the environment and that they have the ability to STING as well.......

Q: What is the one thing you will take away from this Lekgotla? A: I learned that “courage was not the absence of fear, but the triumph over it”.

Interviews conducted by Heloise van Schalkwyk

.

Nice To Meet You Too

12

Div de Villiers: Director Eastern Cape Province –

Grade 1 EMI

Nice to meet you

Conny Serobe, DEA - Grade 2 EMI

Deon Vlok passed away on the 8th of March 2012 at the age of 64 after losing a long battle with cancer.

He was always a man with an extremely positive attitude, which he also displayed throughout his battle with cancer.

Deon worked as an Advocate at the office of the old Attorney General, Witwatersrand Local Division, now named the Director of Public Prosecutions, South Gauteng, in 1993. He was a natural speaker with a vast general knowledge, and could always be relied upon to argue his cases convincingly. One of the cases that he argued was the well-known case of S v Ndlovhu and others, which he argued before the High Court in Johannesburg, as well as the Supreme Court of Appeal in Bloemfontein, where he was successful. This precedent-setting case is still referred to in the courts of South Africa on a regular basis.

He had a keen interest in history and firearms and had a passion for the outdoors, which made him the ideal person to prosecute on environmental crimes. Deon was a natural sportsman and enjoyed gymnastics, cycling, swimming and fishing. He swam the Midmar Mile on more than one occasion, and often displayed the energy of a man 20 years his junior. Deon’s interests were so diverse that he even completed a massage course before his death and visited an old aged home regularly during his illness, utilising his knowledge to bring relief to the inhabitants of the home.

Towards the twilight of his legal career, Deon started the environmental crimes portfolio at the office at the Director of Public Prosecutions, South Gauteng and built up an extremely good working relationship with government departments and NGOs involved in this field. Deon set the benchmark in this field in South Gauteng and it will be difficult for others to fill his boots.

We thank the Lord for the time we had with Deon and will always remember him as a person who lived life to its fullest.

Senior Advocate Marile van Heerden - DPP South Gauteng

13

In Memory of a Good Man

Wazeer Essop: Western Cape –Grade 2 EMI

Q: Have you ever been to an Environmental Compliance and Enforcement Lekgotla? If so how did this compare to previous Lekgotlas? A: This is my first Lekgotla and the idea I got was that of a slick, well-run machine. The flow of the events was well planned.

Q: What is the one thing you will take away from this Lekgotla? A: The immense passion and desire people have to protect the environment as well as the continual desire to produce excellent work.

Q: Do you feel the awards ceremony held for EMIs increased morale? A: The awards ceremony was needed as it allows other EMIs to emulate the standards set by the winners.

Q: In your opinion was the venue of the Lekgotla appropriate and in which province would you suggest the next Lekgotla be held? A: I thought that this venue was great. The next province where the Lekglotla should be held is definitely Western Cape!!

Interview conducted by Heloise van Schalkwyk

Nice To Meet You Three

Snr State Adv Deon Vlok

On a Lighter Lekgotla Note...

Funny Man Andre Shlemmer

14

Sonja Meintjes convincing “Adam” that she’s not the main course

Ziyaad Hassam with the award for most

“destructive” batsman.

Chumani Thengwai, Trafford Petterson (Ethekwini Municipality) with Vanessa Maclou and Janine Isaac (KZN

Provincial Department)

Mark Jardine showing us his interpretation of “Pause, Hold

Engage”

EMI showing the true meaning of co-operative governance…

Environmental Management Inspectorate Newsletter Volume 4, March 2012

15

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