Non-compliance with environmental laws as reported in the National Environmental Compliance and Enforcement Reports
Merafe’s mining operations do not feature in the National Environmental Compliance and Enforcement Reports. However, as the Department of Environmental Affairs’ Environmental Management Inspectors do not have jurisdiction over the environmental or water impacts of mining, this does not mean that the company has not been subject to compliance monitoring and/or enforcement action. The Department of Mineral Resources and the Department of Water and Sanitation are responsible for compliance monitoring and enforcement of environmental and water laws by mining companies. Unlike the Department of Environmental Affairs, thus far neither department has published any information on its compliance monitoring and enforcement action. Both Departments however, in answers to Parliamentary Questions, insist that many inspections take place, many directives and compliance notices are issued, and many criminal prosecutions are instituted.
With a few minor exceptions, the mining companies assessed in Full Disclosure did not refer to compliance monitoring inspections by the Department of Mineral Resources or Department of Water and Sanitation in their shareholder reporting.
The fact that the Departments charged with regulating the sector do not publicise non-compliance findings or enforcement action means that it is impossible to know whether or not the level of disclosure on environmental and water non-compliances by mining companies in their annual reports is accurate.
For more information please see Enforcing the Law: the challenges undermining environmental compliance monitoring and enforcement in South Africa.
However, one of the non-mining operations in the Glencore-Merafe Venture has repeatedly featured in the National Environmental Compliance and Enforcement Reports.
Department of Environmental Affairs’ compliance monitoring and enforcement action
|NECER||Significant Inspection Findings||Further Developments and Status of Enforcement Process|
|20091||An inspection in January 2008 revealed 38 non-compliances including the following:
|The following information was also provided in the 2009 report:
|20102||The 2010 report provided the following update:
|20113||The 2011 report noted that a follow-up inspection had been scheduled to be conducted in the 2010-2011 financial year but could not be undertaken.||The following information was also provided:
|20124||The follow-up inspection, conducted in August 2011, resulted in the following findings:
|In relation to an enforcement strategy, the following information was provided:
|20135||–||The following information was reported in the 2013 report:
|20146||–||The 2014 report repeated the above enforcement action.|
- National Environmental Compliance and Enforcement Report 2008/2009, at p26.
- National Environmental Compliance and Enforcement Report 2009/2010, at p28.
- National Environmental Compliance and Enforcement Report 2010/2011, at p43.
- National Environmental Compliance and Enforcement Report 2011/2012, at p41.
- National Environmental Compliance and Enforcement Report 2012/2013, at p40.
- National Environmental Compliance and Enforcement Report 2013/2014, at p46.