Eskom guilty of environmental mismanagement - report

The Department of Environmental Affairs has identified Eskom as the organ of state with the worst rate of non-compliance with environmental legislation. A report on the BDlive site notes that Environmental Affairs Minister Edna Molewa has released the 2011/12 National Environmental Compliance & Enforcement Report, which states that the department has instituted several administrative enforcement interventions and criminal proceedings against the power utility. However, according to the report, the National Prosecuting Authority has declined to prosecute Eskom due to Section 48 of the National Environmental Management Act that absolves 'organs of state' from criminal liability. Molewa said that amendments to the National Environmental Management Act were being considered to include the removal of the absolution clause. The report also stated the levying of fines against Eskom appeared to be having no effect. 'Eskom has paid in excess of R2m in fines (four cases) in relation to commencing listed activities without the required authorisation and it seems that poor planning is to blame,' the report stated. Eskom spokesperson Hilary Joffe said the power utility had not yet seen the report but would study it. Full BDlive report Environmental compliance report

Environmental groups have welcomed the report that revealed Eskom's environmental mismanagement. A report on the News24 site quotes Greenpeace Africa as saying: 'This report adds to the body of evidence already uncovered by Greenpeace on Eskom's environmental recklessness. It is crucial that all organs of state are held responsible for their activities, and that they comply with all legislation. If Eskom is breaking the law, the utility should be prosecuted.' The World Wide Fund for Nature also indicated that the report was 'worrying' particularly because Eskom was a state entity. 'It would be worrying for a state enterprise not complying with government norms,' Saliem Fakir WWF head of the Living Planet Unit said, according to the report. 'From a governance point of view, we welcome that (the report) and we think that's a very positive thing that the Green Scorpions are doing. They're conducting proper oversight; they're putting out in the public domain some transparency - even of their own agencies,' Fakir is quoted in the report as saying. Full report on the News24 site

And, the Cape Times notes the report also recorded several big companies that had contravened the environmental laws, including ArcelorMittal, BHP Billiton and Silicon Smelters. Molewa said from a pollution perspective, Silicon Smelters had been one of the most significant cases of the 2011/12 financial year, according to the report. It notes the facility had pleaded guilty to breaking the air quality laws, for which it was fined R2m, and 'unlawfully and intentionally' committing an act which caused significant pollution. For this it was fined R1m. Half the total fine was suspended for five years. Molewa said in the past financial year, the Green Scorpions had arrested 1 339 people and 1 080 criminal dockets had been opened. The report states some of the most prevalent environmental crimes reported in this time included rhino poaching, unlawful disposal of waste, illegal cutting of wood and driving on beaches without a permit. Full Cape Times report (subscription needed)