Sizakele Ndzhukula & Green Scorpion colleagues
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Power to sting
Julie Bain
Posted: Thu, 15 Nov 2007

[miningmx.com] -- DRESSED IN BLACK, white and khaki with FBI-style skip caps, South Africa’s Green Scorpions look more like a security service SWAT team than your traditional environmental regulator.

The 859-strong unit set was up two years ago with increased powers are ensuring that the environmental laggards in industry take notice. Amendments to the National Environmental Management Act of 1998 (NEMA), finalised in 2005, provided the Scorpions with the framework they needed.

The Green Scorpions uniform is just one indication of the professional approach that the agency is taking in busting South Africa’s environmental offenders.

“Our policy is to be firm but fair. You get a lot of different people that fall within our regulatory framework. Some are large companies which, despite having access to all the information and resources, have prioritise profit over environmental issues.

"Then there are the more organised criminals who are involved in smuggling environmental contraband. As urbanisation increases all over the world, the illegal international transport and disposal of hazardous waste are increasing,” says Melissa Fourie, chief co-ordinator of the agency, which falls under the Department of Environmental Affairs & Tourism (DEAT).

That’s not to say the Green Scorpions – otherwise known as the Environmental Management Inspectorate (EMI) – don’t have a nasty sting.

The EMI inspectors for the first time are part of a national network with standardised enforcement powers. Also as part of the amendments to the NEMA, what’s known as Chapter 7 has given the EMI further powers that should aid its inspectors to fulfil their objectives.

If a company or individual is seen to have breached the law and doesn’t comply with a notice from the EMI the minister or relevant MEC has the authority to revoke or vary that person’s permit.

It can also take measures to obtain compliance, recover the costs from the offender and refer the matter to the National Prosecuting Authority for prosecution.

If someone is convicted the EMI can seize assets connected to the offence. Permits may also be withdrawn and the offender can be disqualified from obtaining a permit for up to five years. Already ArcelorMittal SA, Highveld Steel’s vanadium plant, Vanchem, and Assmang’s Cato Ridge operation have fallen foul of the EMI as part of Operation Ferro.

That operation has about 40 companies in the iron, ferroalloy and steel industries in its sights, including Samancor Chrome, Samancor Manganese, Xstrata, Columbus Stainless and Richards Bay Minerals.

“We focus on processing of ferrous metals in Operation Ferro. These companies may have mines but these are regulated by Department of Minerals & Energy,” says Fourie.

The Green Scorpions is a network of environmental enforcement officials from different government departments (national, provincial and municipal). There are a number of different units looking at biodiversity and conservation matters, marine and coastal matters and industrial and development matters (essentially, pollution, waste and environmental impact assessment), says the EMI.

Fourie says one of its major achievements so far has been that it’s provided a platform for crucial information sharing between environmental compliance and enforcement officials.

“I believe that thus far we’ve made the point loud and clear that Government is very serious about enforcing our environmental legislation to protect every South African’s right to a healthy environment (including future generations),” she says.

In addition, the Green Scorpions, as part of what’s called The National Refinery Environment Compliance Project, has already inspected synthetic fuel producer PetroSA’s refining operations, with Sasol and Total’s Natref refinery next on its list. All of SA’s six refineries will receive the once-over. The Green Scorpions intends to soon move its focus to other industry sectors.

Fourie, a lawyer who practiced as a commercial litigation attorney before joining DEAT, doesn’t seem to mind the Green Scorpions tag. However, she points out that the Scorpions are fundamentally from the Directorate of Special Operations (Scorpions, which targets high-profile criminals and investigations).

“A downside of the association is that when we do ordinary compliance inspection, the facility fears that they are being ‘bust’, which is not necessarily the case. But a positive aspect of the association is that people know that the EMI means business.

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“Much of our work is simple compliance work. Generally, we’ve received very good co-operation on site. People are still a little bit shocked by outcomes of inspections.

"For a long time there was no proper compliance monitoring. I think some people became complacent and were focused on profit and forgot that environmental breaches are criminal offences. Now people are paying attention,” says Fourie.

Still, the EMI has no power to prosecute. Fourie doesn’t see that as a disadvantage.

“The EMI has all the powers to conduct full criminal investigations and thereafter we work very closely with the National Prosecuting Authority to secure convictions. We also give instructions to companies and individuals to clean up or rehabilitate harm caused to the environment. If people ignore our instructions we pursue the matter in court,” Fourie says.