In this issue:
INTRODUCTORY LETTER
DA SUPPORTS THE ENVIRONMENTAL LAWS AMENDMENT BILL
DA SUPPORTS THE PROTECTED AREAS AMENDMENT BILL
DA DISAPPOINTED BY DECISION TO MINE WILD COAST
HIGH VACANCY RATE FOR EIA STAFF IN GOVERNMENT DEPARTMENTS
DA DISAPPOINTED THAT G8 DID NOT COMMIT TO MORE DRAMATIC REDUCTION IN
CARBON EMISSIONS
WHY HAS THE MINISTER NOT CONCLUDED AIRPORT APPEALS PROCESS?
DA QUESTIONS SUSPENSION OF OFFICIALS INVOLVED WITH FLAMINGOS AT KAMFERS DAM
DA REACTS TO SUSPENSION OF THE BOARD OF EZEMVELO KZN WILDLIFE
DA CALLS FOR COMMISSION OF INQUIRY INTO GAUTENG DEVELOPMENTS
DA CALLS FOR RESIGNATION OF NORTH WEST PARKS AND TOURISM BOARD
INTRODUCTORY LETTER
Greetings
This edition of Enviro Matters comes to you at a time of considerable
upheavals in government. By the time you read this, there will be a
new President of the Republic and, in the days ahead, a number of new
Cabinet appointments will be made. In this time of uncertainty, the
oversight of government must continue. Political changes cannot be
allowed to undermine service delivery on the ground.
The Department of Environmental Affairs and Tourism has a new
Director-General, Mrs. Nosipho Jezile-Ngcaba. Mrs Jezile-Ngcaba had
previously been the acting DG of the Department since the departure of
Ms Pam Yako earlier in the year. I am confident that Mrs Jezile-Ngcaba
is the correct person for this challenging position. At the time of
her appointment I encouraged Mrs Jezile-Ngcaba to mainstream the
National Strategy on Sustainable Development, yet to be approved by
Cabinet, across all departments in government. This matter has been
dragging on for far too long.
One of the most significant announcements by government in recent
months was that a series of carbon taxes are being considered. I have
welcomed this initiative. Details remain sketchy, but I have suggested
that government should, among other things, ensure that revenues from
carbon taxes are ring-fenced for projects involving renewable energy,
energy efficiency, and research and development. If government is
going to induce behaviour-change, then producers and consumers must
have the assurance that their taxes are being spent on projects that
will reduce the country's carbon footprint.
This edition of Enviro Matters includes news from the DA in a number
of provinces reflecting the variety of issues that the party is taking
up, and the role that our public representatives are playing in
holding the government to account. Our increased focus on matters
related to improving environmental protection and sustainable
development is reflected in the fact that, thus far this year, the
Minister of Environmental Affairs has been asked exactly 100
parliamentary questions, making him one of the top three most
questioned Ministers by the DA in parliament.
Kind Regards
Gareth Morgan MP
DA SPOKESPERSON ON ENVIRONMENTAL AFFAIRS
Back to menu >>
DA SUPPORTS THE ENVIRONMENTAL LAWS AMENDMENT BILL
In September, the Democratic Alliance supported the passing of the
Environmental Laws Amendment Bill.
Speaking in parliament, DA spokesperson on environmental affairs
Gareth Morgan noted that the Bill simultaneously amended six pieces of
environmental legislation.
"Several of the bills, including the Atmospheric Pollution Prevention
Act, the Environment Conservation Act, National Environmental
Management Amendment (NEMA) and the Protected Areas Act are amended to
increase penalties for offences. It is common cause that higher
penalties will act as a greater deterrent for individuals or entities
that consider perpetrating environmental crimes. In most cases, both
the monetary fines and jail sentences are significantly ramped up, and
the DA fully supports these steps."
Morgan said that the issue of remedial costs for pollution was the
subject of considerable debate in the committee.
"Under the amendment bill, if a person fails to comply with a
directive to remediate pollution the authorities are able to take
measures to rectify the situation, which includes claiming
anticipatory costs. The DA was concerned with the open-ended nature of
the original proposed amendment, but supported it in principle. I am
considerably more comfortable with it now that it has limited costs to
'costs for reasonable remedial measures to be undertaken'," he said.
"The new Bill also guarantees that retrospective application is
ensured. I hope that the numerous polluters who have not taken
responsibility for pollution prior to NEMA being promulgated take
action before the Green Scorpions come knocking on their doors."
Morgan congratulated the new Head of the Environmental Management
Inspectorate, Mrs Frances Craigie on her appointment, saying that he
hoped she would take the Green Scorpions forward, and concentrate on
prosecuting those entities that commit pollution-related crimes.
"I would also like to suggest that the work of training magistrates
about the intricacies of environmental law be further advanced. It is
one thing having good environmental laws that exist on paper. We need
the judiciary to help enforce them," he said.
Back to menu >>
DA SUPPORTS THE PROTECTED AREAS AMENDMENT BILL
In a debate in the National Assembly in September, DA spokesperson on
environmental affairs, Gareth Morgan said that South Africa's
protected areas were national assets and a haven for biodiversity and
heritage.
"It is important that our parks are well funded, that they create
opportunities for wealth creation, and that opportunities to access
these parks, particularly from poor communities, are maximised," said
Morgan.
Morgan said that one of the amendments contained in the Bill provided
for flight corridors over protected areas to be regulated.
The DA had argued that the original proposed provisions in the Bill
were not strict enough, as they provided too much discretion to park
authorities. However, it now provides for the need for environmental
authorisations for flight corridors in terms of section 24 of the
NEMA.
"This means that the parks will be obliged to use an EIA or similar
environmental management tool when establishing such corridors," said
Morgan.
Morgan said that the clause related to provisions for the dissolution
of SANParks caused considerable consternation from many members of the
public who made submissions, mainly because it conceivably allowed for
national parks to be transferred to private entities.
"My personal opinion is that there was no malicious intent by the
Department in its original drafting, as SANParks needed to comply with
the Income Tax Act in this regard. But, I agreed that the provision
needed to be strengthened, and the committee subsequently amended the
clause to reflect that, if dissolution occurred, the assets would be
transferred to the State or to an equivalent Schedule 3A Public Entity
contemplated in the PFMA."
"For good measure, the committee also added that, if SANParks was ever
to be wound up, it should be done by an Act of Parliament. All
stakeholders, I believe, were satisfied with these amendments which
reinforce the view that our national parks belong to all South
Africans," said Morgan.
Back to menu >>
DA DISAPPOINTED BY DECISION TO MINE WILD COAST
In August, the DA noted with disappointment the decision by the
Department of Minerals and Energy to grant a right to a mining company
that intended to mine a portion of land in Xolobeni in the Eastern
Cape.
"The granting of this mining right will see the creation of only a few
hundred jobs at most, and it will negate the sustainable option of job
creation on a massive level through opportunities from eco-tourism,"
said the Leader of the Opposition in parliament, Sandra Botha.
Since the initial announcement by the Minister of Minerals and Energy,
it appeared that the Minister was beginning to reconsider her decision
to grant the mining right. This followed two recent visits by the
Minister to the affected area.
Meanwhile DA spokesperson on environmental affairs Gareth Morgan has
raised questions about why the Minister of Environmental Affairs and
Tourism has been so quiet on this issue. He said that the Minister's
legacy was at stake if the mining went ahead.
Morgan drew attention to various conservation and tourism projects
that were either underway or had been mooted by the Department of
Environmental Affairs and Tourism, including the establishment of the
Pondoland National Park. He also reminded the Minister of a reply to a
DA parliamentary question in September 2007, in which the Minister
noted that SA Tourism had conducted a Global Competitiveness Study
which identified the lower and upper Wild Coast as priority areas for
tourism development.
"It is worth remembering the strong words of the former Minister of
Environmental Affairs, Valli Moosa, who said on the matter of mining
the Wild Coast that it would 'irreparably ruin the area and spell the
death of an eco-tourism asset whose long-term sustainability far
outweighs the economic benefits of mining'", said Morgan.
"The DA agrees with the former Minister."
Back to menu >>
HIGH VACANCY RATE FOR EIA STAFF IN GOVERNMENT DEPARTMENTS
In reply to a DA parliamentary question, it was revealed that an
unacceptably high number of vacancies persist in the government
departments that deal with Environmental Impact Assessment (EIA)
applications. 44% of posts established to process EIAs are currently
vacant.
"The vacancies are particularly acute in a number of provinces
including Limpopo (73% vacancy rate), Mpumalanga (63% vacancy rate),
Free State (52% vacancy rate), Gauteng (44% vacancy rate), and North
West (43% vacancy rate). In total, there are 138 posts standing
unfilled across South Africa. KZN province did not return figures, but
a year ago the vacancy rate was approximately 50%," said DA
spokesperson on environmental affairs Gareth Morgan.
"The answer to this parliamentary question shows that problems with
slow EIAs are not necessarily with the instruments themselves, but
also with incapacity of the departments that assess applications."
Morgan said that the national department had several initiatives to
train EIA practitioners, also known as Environment Officer Cadres, in
the provinces, but it is clear that more needed to be done.
"These officers possess scarce skills, and the Minister needs to
redouble efforts to encourage more graduates to enter this field. As
the Minister acknowledges, competition with the private sector for
these skills is fierce, so it is self-evident that the conditions of
service of these practitioners needs to be improved."
Morgan said that, in light of the 2006 State of the Environment
Report, which noted a general decline in the health of South Africa's
environment, it was imperative that these positions in the provinces
be filled as soon as possible.
Back to menu >>
DA DISAPPOINTED THAT G8 DID NOT COMMIT TO MORE DRAMATIC REDUCTION IN
CARBON EMISSIONS
The DA expressed its disappointment with the response of G8 leaders to
the climate change challenge in July.
"Their commitment to a 50% reduction in emissions by 2050 is
meaningless without a base year," said member of the G8+5 climate
dialogue and DA spokesperson on environmental affairs Gareth Morgan.
"Further, if these major emitters are to subscribe to the science of
climate change, then their reductions should be even greater by 2050."
Morgan said that the window of opportunity for a substantial climate
change response was closing and that it had been hoped that the G8
summit would set the groundwork for the negotiations leading up to the
next Conference of the Parties in Copenhagen in late 2009.
"The principle of historic and differentiated responsibility means
that developed countries need to take on the bulk of absolute
reductions in emissions through mitigation targets. While developing
countries should take some mitigation action in the period going
forward, the announcement by the G8 leaders is not going to provide
the necessary confidence building measures that developing countries
require to enter into a meaningful post-2012 climate framework," he
said.
Morgan said that legislators from the G8+5, including a cross-party
delegation from South Africa, met the week prior to the G8 Heads of
State Meeting, and drew up a substantial communiqué.
"This was a consensus document that, among other things, called on the
G8 to commit to mid-term targets as well as a long term goal. Most
notably, our communiqué called for a 25-40% reduction in emissions on
1990 levels by 2020. This has been ignored by the G8 leaders, despite
legislators from their own countries calling for it," he said.
"The DA believes that the South African government has taken the
correct positions on these matters, and calls on the Minister of
Environmental Affairs and Tourism to continue his efforts at ensuring
greater commitments by the developed world to dealing with climate
change."
In related news, Morgan had the opportunity to question former UK
Prime Minister Tony Blair at the G8+5 Climate Dialogue on matters
related to funding for adaptation to climate change. Blair is now
involved in an initiative to get CEOs of major corporations interested
in responding to climate change.
Back to menu >>
WHY HAS THE MINISTER NOT CONCLUDED AIRPORT APPEALS PROCESS?
The DA has taken the Minister of Environmental Affairs and Tourism
Marthinus van Schalkwyk to task for not ruling on the appeals against
the record of decision for the construction of the new King Shaka
International airport, despite the deadline for appeals having been
closed more than nine months ago. Meanwhile, the construction of the
airport has been steaming ahead.
DA spokesperson on environmental affairs Gareth Morgan said in
parliament in June that the delay was making a mockery of the EIA
process.
"The Minister is making a ruling on the appeals against the
development application of ACSA, essentially a state-owned entity. The
longer this process drags out, the more it looks like he is favouring
an organ of state," said Morgan.
In late August, Morgan wrote to the Minister urging him to rule on the appeals.
"Surely it is better to cause remedial action on any problem areas as
soon as possible. A ruling on the appeals sooner rather than later
would allow stakeholders to engage with the substance of your ruling."
Morgan assured the Minister that his attempts to pursue the matter
were motivated by attempting to create a 'win-win situation'.
"My belief is that, the longer your ruling is delayed, the harder it
becomes to seek remedial efforts, if such efforts are required," wrote
Morgan.
The Minister responded in writing in September noting that he shared
Morgan's concern regarding the time it was taking to consider the
appeals.
"You will appreciate that this matter is complex and also very costly
and that, like you, I am also attempting to find a 'win-win' solution.
Balancing the respective arguments and rights of the parties to this
decision requires adequate consideration of all the facts and
circumstances," said Van Schalkwyk
"Please be assured however that I will nevertheless endeavour to
expedite my decision on this matter as far as is possible," wrote the
Minister.
Back to menu >>
DA QUESTIONS SUSPENSION OF OFFICIALS INVOLVED WITH FLAMINGOS AT KAMFERS DAM
In August, the DA in the Northern Cape questioned the suspension of
three senior officials from the Department of Tourism, Environment and
Nature Conservation in the province.
"It is believed that these officials were suspended because of their
alleged involvement, both on a personal and departmental level, in the
flamingo saga at Kamfers Dam," said DA spokesperson on conservation in
the Northern Cape Dr Chris Liebenberg.
"The area adjacent to Kamfers Dam, home to the largest population of
flamingos in South Africa, is subject to a development application.
The current water quality of the dam is also a matter of considerable
concern."
"The question is, was their suspension politically motivated and, if
so, why? And secondly, what promises were made to the developers by
politicians?" said Liebenberg.
In light of the suspension of these officials, DA spokesperson on
environmental affairs Gareth Morgan asked the Minister of
Environmental Affairs whether he would consider becoming the competent
authority for this particular development application.
The Minister replied, noting that this application did not trigger any
of the requirements in section 24C of the National Environmental
Management Act which would make it an issue of national competency.
DA spokesperson on water affairs Mpowele Swathe subsequently
questioned the Minister of Water Affairs and Forestry on what efforts
were being taken to mitigate the flow of partially treated sewage into
Kamfers Dam. The Minister responded that short term 'crisis
interventions' were currently underway and that long term
interventions were in an integrated planning stage.
Back to menu >>
DA REACTS TO SUSPENSION OF THE BOARD OF EZEMVELO KZN WILDLIFE
The DA welcomed the suspension in late September of the entire board
of Ezemvelo KZN Wildlife following recent disclosures in the
provincial legislature that nearly 50 Ezemvelo staff members would
face criminal prosecution or disciplinary action for fraud, corruption
and other offences.
"The controversy and mismanagement surrounding this once prized
provincial asset has boiled over and accountability should not be
limited to Ezemvelo board members," said DA spokesperson on
conservation in KZN Margaret Ambler-Moore.
"The MEC for Agriculture and Environmental Affairs, Mr Mthimkhulu,
must shoulder his share of responsibility for Ezemvelo's troubles and
for any public monies that may have been misappropriated as a result
of inaction on his part."
In answer to a parliamentary question in May 2005, the DA learnt that
board members had been transacting with Ezemvelo. Mr P. Shangase
received R378 000 over an 18 month period for services provided to
Ezemvelo by his company AP Shangase and Associates. Mr I. Lax received
R32 250 in that year for legal services he provided to Ezemvelo.
"The official written response from the then – MEC, Mr Ndabandaba, and
HOD Dr Mjwara was that 'there has never been a policy which stipulates
that members of the board may not supply services to the organisation
(Ezemvelo)'. This was strongly condemned by the DA in portfolio
committee meetings at the time, but as a result of inaction by
successive MECs, HODs and the Agriculture Department, Mr Shangase, Mr
Lax and/or other board members have been free to contract with the
same organisation that they serve in a fiduciary capacity for the last
three years," said Ambler-Moore.
"It is tragic that a once world-renowned conservation agency has seen
its entire board suspended, its CEO demoted for drunk driving, and 47
employees fingered for fraud and theft," she said.
"The future leadership of Ezemvelo must recapture the commitment to
conservation that was a hallmark of previous conservation agencies in
the province."
Back to menu >>
DA CALLS FOR COMMISSION OF INQUIRY INTO GAUTENG DEVELOPMENTS
The DA has once again called on Gauteng Premier Mbhazima Shilowa to
initiate a commission of inquiry into various records of decisions
made by MEC for Agriculture, Conservation and Environment, Khabisi
Mosunkutu. A similar request was made of the Premier earlier this
year, however, he said there was no basis for such an inquiry.
The party had earlier accused Mosunkutu of overruling environmental
expert advice in his department against particular developments, in
some cases after personally meeting developers.
The renewed call for a commission of inquiry followed Gauteng
integrity commissioner Jules Browde's recent finding that evidence
presented "demanded a comprehensive inquiry" into decisions made by
the MEC. Browde had been investigating allegations that Mosunkutu had
earlier this year threatened two DA MPLs, Hendrika Kruger and Paul
Willemburg, and had ejected them from a media briefing.
MEC Mosunkutu was reported to have said to the DA MPLs in the briefing
in question: "Now, you know I am the sort of person who does not issue
a warning and not carry it out. I hope, friends, you have — eh —
sufficient resources…If you don't, (and you) go and lose, and you lose
spectacularly, (the) possibility is that I might take your house. I
will also help you look for an alternative for your kids, in some
orphanage, because that's (only fair). But I might just take your
house, or your car, if you don't have sufficient resources. So I hope
you have enough."
Mosunkutu was found to have breached the code of conduct and
subsequently apologised.
"A proper inquiry is needed into this department; otherwise the cloud
of suspicion will persist. Shilowa should heed the opinion of Browde
and set up an inquiry as soon as possible," said DA leader in the
Gauteng legislature Jack Bloom.
Back to menu >>
DA CALLS FOR RESIGNATION OF NORTH WEST PARKS AND TOURISM BOARD
In September, the DA called for the resignation of the members of the
North West Parks and Tourism Board. This followed a report of the
Auditor-General (AG) on the findings of an investigation into the
possible conflict of interest by officials of the Board relating to
the procurement of goods and services.
The investigation had been initiated by the Public Accounts Committee
after DA provincial leader and spokesperson for conservation in the
North West Chris Hattingh raised various allegations in the committee
in June 2007.
"The AG's report confirmed, among other things, that various employees
of the Board had not declared their interests in companies and/or
close corporations, nor had they received approval to perform other
remunerative work," said Hattingh.
"Six entities connected to employees of the North-West Parks and
Tourism Board had been found to be doing business with the Board."
The DA welcomed the recommendation that all employees listed in the
report should declare interest in companies or close corporations.
"The report of the AG indicates gross anomalies. It is a disgrace to
see a government entity that people have placed so much trust and
faith in, exploit this trust," said Hattingh.
"If the Board fails to resign, the DA will put forward a motion in the
legislature calling for their immediate replacement."
Back to menu >>
DID YOU KNOW?
How does paper wastage contribute to our carbon footprint?
• Worldwide, the pulp and paper industry is the fifth largest
industrial consumer of energy.
• Producing recycled paper uses up to 70% less energy than virgin
paper, as well as using far less water.
• According to environmental charities, for every tonne of 100%
post-consumer recycled paper purchased instead of virgin fibre paper,
we save at least 30,000 litres of water and 3000 - 4000 KWh of
electricity, which is enough power to run an average three bedroom
house for one year.
• Nearly 80% of the world's original old growth forests have been
logged or severely degraded.
• 34% of documents printed are used for less than 5 minutes, while 22%
are never used.
Posts
No comments:
Post a Comment