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Briefing the Portfolio Committee on Water and Sanitation on the

Briefing the Portfolio Committee on Water and Sanitation on the Prosecution of Polluters and Perpetrators of theft and vandalism of Water Infrastructure, Interventions of the Blue Scorpions and Legislative Interventions to Strengthen Penalties against Polluters and Vandals Presented by:

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Briefing the Portfolio Committee on Water and Sanitation on the

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  1. Briefing the Portfolio Committee on Water and Sanitation on the Prosecution of Polluters and Perpetrators of theft and vandalism of Water Infrastructure, Interventions of the Blue Scorpions and Legislative Interventions to Strengthen Penalties against Polluters and Vandals Presented by: Margaret-Ann Diedricks Director-General 02 September 2015

  2. Content overview • Standard Operating Procedure for Prosecution of Polluters • Proactive Interventions of the Enforcement Team (Blue Scorpions) • Examples of Successful Prosecution • Analysis of Administrative Enforcement Action • Legislative Interventions to strengthen penalties against Polluters and Vandals • Theft and Vandalism of Water Infrastructure

  3. Standard Operating Procedure for Prosecution of Polluters The Department developed a standard operating procedure and business process that on how to deal with Polluters and other transgressors of the Water legislation.

  4. Summary of Business Process

  5. Proactive Interventions of Blue Scorpions in dealing with Polluters • Ongoing and intensified enforcement action to demonstrate a Zero tolerance approach towards Polluters and transgressors • Heighten Public Awareness through multi - media and social media Campaigns: Electronic and Printed Media (i.e. Newspaper, radio adverts) • Intergovernmental Collaboration of enforcement task teams: Departmental of Environmental Affairs (Green Scorpions), Departmental Mineral Resource (Brown Scorpions). • Engagement with other law enforcement agencies: South African Police Services, National Prosecuting Authority • Publication of an annual report of compliance monitoring and enforcement in October 2015

  6. EXAMPLES OF SUCCESSFUL PROSECUTION

  7. EXAMPLES OF SUCCESSFUL PROSECUTION CONT….

  8. Analysis of Administrative Enforcement action - Pre -Directives / Directives Issued against Polluters vs Other Users • More than 70% of the cases investigated are related to Pollution and appropriate enforcement action is instituted accordingly.

  9. Analysis of Administrative Enforcement action - Pre -Directives / Directives Issued against Polluters vs Other Users Cont…

  10. Legislative Interventions to strengthen Penalties against Polluters and Vandals • Current National Water Act (Act 37 of 1998) in Section 151 deals with Offences and Penalties: for a first offence the penalty is a fine of R5000 or five years imprisonment or both and for a second offence the penalty is a fine of R10 000 or 10 years imprisonment or both; • The current Act is under review; • The National Water and Sanitation Amendment Bill will culminate in harsher fines and stricter penalties; • The Application of the Adjustment of fines Act (Act 101 of 1991)

  11. Theft and Vandalism of Water Infrastructure • Rand Water Case: Cable Theft (ongoing investigation) ; • Madibeng : Vandalism of pipes (ongoing investigation) ; • Ngaka Modira Molema Local Municipality: Vandalism (ongoing investigation).

  12. Thank You

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