ANKER COAL – STEENKOOLSPRUIT (STATE v VENTER & OTHERS)

The document details the case of State v Venter & Others, marking the first time criminal provisions of the National Environmental Management Act (NEMA), the National Water Act (NWA), and the Mineral and Petroleum Resources Development Act (MPRDA) have been invoked against a mining company. The prosecution involves allegations of improper borehole drilling near the Usutu River and wetlands, failure to rehabilitate sites, and fraud regarding misrepresentations made in an environmental management plan (EMP).

• The case is legally significant as it is the first instance where criminal provisions of the National Environmental Management Act 107 of 1998 (NEMA), the National Water Act 36 of 1998 (NWA), and the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) are used against a mining company.
• The prosecution seeks to determine if misrepresentations made during public consultations for prospecting rights and within an environmental management plan (EMP) constitute the common law crime of fraud.
• Alleged environmental violations occurring between January 2009 and April 2010 include drilling a borehole within 10 metres of the Usutu River banks, drilling in a wetland, failing to cap boreholes, and failing to remove core drillings.
• The accused face nine counts, including failure to comply with a duty of care and remediation under NEMA, detrimental effects on water resources under the NWA, and failure to comply with a Department of Minerals notice to rehabilitate boreholes and remove materials from a wetland.

APA

Centre for Environmental Rights (n.d.). ANKER COAL – STEENKOOLSPRUIT (STATE v VENTER & OTHERS). https://cer.org.za/wp-content/uploads/2011/12/Anker-Coal-Steenkoolspruit.pdf?x21779

Chicago

Centre for Environmental Rights. ANKER COAL – STEENKOOLSPRUIT (STATE v VENTER & OTHERS). n.d. https://cer.org.za/wp-content/uploads/2011/12/Anker-Coal-Steenkoolspruit.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=ANKER COAL – STEENKOOLSPRUIT (STATE v VENTER & OTHERS) |url=https://cer.org.za/wp-content/uploads/2011/12/Anker-Coal-Steenkoolspruit.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndanker, author = {{Centre for Environmental Rights}}, title = {{ANKER COAL – STEENKOOLSPRUIT (STATE v VENTER \& OTHERS)}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2011/12/Anker-Coal-Steenkoolspruit.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }