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

This guide, published by the Centre for Environmental Rights, provides instructions for individuals and communities in South Africa on how to identify environmental crimes committed by mining companies and the process for reporting these offences to the South African Police Service (SAPS) for criminal prosecution.

• 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, such as mining without a licence or ignoring an Environmental Management Programme (EMPR), may constitute a criminal offence.
• There are numerous visible indicators that a mine may be committing an environmental crime, including the dumping of waste in sensitive areas, changes in water colour, the death of fish or wildlife, the appearance of white or orange crusts on water bodies, and the development of respiratory or skin problems in the local community.
• The guide outlines a specific nine-step process for reporting environmental crimes to the SAPS. This includes gathering evidence through written notes and photographs, reporting to the station closest to the crime, providing a detailed sworn 'A1 statement', and obtaining a Crime Administration System (CAS) number for tracking the case.
• The criminal prosecution process involves several roleplayers, including the investigating officer from the SAPS, prosecutors (or State advocates in the high court), and magistrates or judges. A prosecutor decides whether to proceed with a case based on evidence, the prospect of success, and the interest of the community, as well as the extent of environmental harm and the conduct of the accused.
• Criminal prosecution offers advantages such as sending a powerful message to mining companies, compelling them to clean up environmental damage, and avoiding the need for the complainant to hire a lawyer. However, disadvantages include the potentially long duration of investigations and the risk that criminal charges may hinder informal negotiations with the mine.
• Employees of mining companies who report environmental crimes are legally protected from 'occupational detriment'. Under section 95(1) of the MPRDA, companies are prohibited from firing, transferring, harassing, or discriminating against employees who disclose non-compliance to authorities.
• Beyond the SAPS, the guide recommends reporting environmental crimes to the Department of Mineral Resources (DMR), the Department of Environmental Affairs (DEA), the Department of Water Affairs (DWA), and the Environmental Management Inspectorate (known as the Green Scorpions).

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} }