n Without Prejudice - Misconception on section 24G of NEMA - environmental law

Volume 19 Number 4
  • ISSN : 1681-178X


On 25 March Judge Spilg delivered a groundbreaking judgment. He held that Uzani Environmental Advocacy CC (the activists) was entitled to privately prosecute BP Southern Africa (Pty) Ltd (BP) (Case No: CC 82/2017(GP)) for transgression of the provisions of the then Environmental Conservation Act (73 of 1989) (the ECA) which was repealed and replaced by National Environmental Management Act (107 of 1998) (NEMA). Furthermore, the court held that Uzani had proved the transgressions beyond reasonable doubt and, therefore, BP should be convicted of environmental crimes committed in terms of the then ECA. This despite BP successfully rectifying the illegal activities in terms of s24G of NEMA.

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