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5.8.2 Compliance monitoring and enforcement

Submitted by admin on Sun, 2010-03-28 23:31

5.8.2(1)
MINTEC Working Group 4 deals with compliance and enforcement issues, and it is working on clarifying the respective roles and responsibilities between national, provincial and local levels. This working group will review and provide guidance regarding the respective roles of the EMIs and the WMOs.

5.8.2(2)
EMIs also coordinate their activities closely with the South African Police Services (SAPS), who play a crucial role in enforcing environmental legislation. EMIs work closely with police officials in the investigation of environmental crimes. In terms of NEMA, all police officers also have the powers of an EMI.

5.8.2(3)
Coordination with the National Prosecuting Authority is extremely important for the prosecution of environmental crimes. EMIs are not empowered to prosecute cases in court, and the results of their investigations are handed over to prosecutors of the NPA to prosecute. The Department of Environmental Affairs and the NPA will collaborate to ensure the successful prosecution of environmental crimes.