WHEN MINES BREAK ENVIRONMENTAL LAWS: HOW TO USE CRIMINAL PROSECUTION TO ENFORCE ENVIRONMENTAL RIGHTS

The document serves as a practical manual for South African citizens to enforce environmental rights against mining operations. It details indicators of illegal mining activity, the legal framework governing environmental crimes, and a step-by-step procedure for filing criminal charges with the police. It also explains the subsequent prosecution process and the legal protections available to whistleblowing employees.

• Mining companies in South Africa are legally required to comply with several key pieces of legislation, including the Minerals and Petroleum Resources Development Act 2002 (MPRDA), the National Environmental Management Act 1998 (NEMA), and the National Water Act 1998 (NWA). Failure to obey these Acts can constitute a criminal offence.
• Common indicators that a mine may be committing a crime include operating without notifying or consulting the community, dumping waste in sensitive areas like wetlands, causing visible water pollution (such as colour changes or dead fish), and failing to rehabilitate the area after closure.
• Mining without a valid licence or failing to adhere to the rules in a licence or an Environmental Management Programme (EMPR) is a criminal offence. The document notes that in 2011 and 2012, the Minister of Water Affairs identified numerous mining companies operating without required water use licences.
• The process for reporting a crime to the South African Police Service (SAPS) involves gathering evidence (notes and photographs), reporting to the nearest station (preferably to the station commander), providing a detailed sworn 'A1 statement', and obtaining a Crime Administration System (CAS) number for tracking.
• The prosecution process is managed by the State, where a prosecutor decides whether to proceed based on evidence, the prospect of success, and the public interest. The State must prove guilt beyond a reasonable doubt; if any reasonable doubt exists, the accused is found not guilty.
• Criminal prosecution can be used as a tool to compel mining companies to remediate environmental damage and provide compensation to victims, as demonstrated in the Anker Coal case in Mpumalanga where the company paid R144,000 in compensation to a farmer.
• Employees of mining companies who report environmental crimes are legally protected from 'occupational detriment', meaning the company cannot fire, transfer, harass, or discriminate against them for disclosing non-compliance to authorities.

APA

Centre for Environmental Rights (n.d.). WHEN MINES BREAK ENVIRONMENTAL LAWS: HOW TO USE CRIMINAL PROSECUTION TO ENFORCE ENVIRONMENTAL RIGHTS. https://cer.org.za/wp-content/uploads/2013/02/When-Mines-Break-Environmental-Laws1.pdf?x21779

Chicago

Centre for Environmental Rights. WHEN MINES BREAK ENVIRONMENTAL LAWS: HOW TO USE CRIMINAL PROSECUTION TO ENFORCE ENVIRONMENTAL RIGHTS. n.d. https://cer.org.za/wp-content/uploads/2013/02/When-Mines-Break-Environmental-Laws1.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=WHEN MINES BREAK ENVIRONMENTAL LAWS: HOW TO USE CRIMINAL PROSECUTION TO ENFORCE ENVIRONMENTAL RIGHTS |url=https://cer.org.za/wp-content/uploads/2013/02/When-Mines-Break-Environmental-Laws1.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndwhen, author = {{Centre for Environmental Rights}}, title = {{WHEN MINES BREAK ENVIRONMENTAL LAWS: HOW TO USE CRIMINAL PROSECUTION TO ENFORCE ENVIRONMENTAL RIGHTS}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2013/02/When-Mines-Break-Environmental-Laws1.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }