A judge using his gavel in a courtroom. File Picture
Durban – The Asset Forfeiture Unit (AFU) in KwaZulu-Natal has obtained a confiscation order for R8 million in a criminal case against Sappi Saiccor (Pty) Ltd.
National Prosecuting Authority (NPA) regional spokesperson Natasha Ramkisson-Kara, said in the case, Sappi pleaded guilty to contravention of the National Environmental Management Air Quality Act.
Ramkisson-Kara said Sappi is in possession of an Atmospheric Emission Licence which stipulates the daily average of Sulphur Dioxide and Sulphur Dioxide bubbles emissions that can be released into the atmosphere.
“During the period of July 2012 to December 2014 in and near the Umkomaas area, Sappi exceeded these amounts by expelling more emissions than they were permitted to,” she said.
According to the NPA, in the plea, the company conceded to the excessive emissions, stating that this was due to technical and/or operational challenges.
“They mentioned that they attended to such problems when they arose, in an attempt to remedy the situation and operate with the parameters of their licence,” said Ramkisson-Kara.
The criminal matter was finalised by Senior State Advocate Bonga Vika and Senior State Advocate Rajendrie Naidoo from the AFU, who successfully obtained the confiscation order.
Ramkisson-Kara said the Scottburgh Regional Court sentenced Sappi to a fine of R8 million.
She said the fine was wholly suspended on condition that the company complies with the confiscation order and pays R8 million as follows:
“These payments must be made by 28 April 2023,” she said.
Ramkisson-Kara added that the plea was taken in consultation with the Department of Forestry, Fisheries and Environment, and eThekwini Municipality.
The NPA welcomed the finalisation of this matter.
“This case demonstrates the hand-in-glove relationship between the AFU and prosecutors. We congratulate all colleagues who ensured this successful prosecution.”
In a statement on Saturday, Sappi said the agreed payments of R5 million to the eThekwini Municipality and R3 million to the Criminal Assets Recovery Account would be concluded before the April 28 deadline.
“Sappi Southern Africa confirms that it has reached an agreement with the Green Scorpions (Environmental Management Inspectorate - EMI), pertaining to environmental contraventions at the Saiccor Mill in KwaZulu-Natal, as identified during an audit conducted in 2014.
“The agreement follows extensive engagements that commenced in 2021, after Sappi was first notified of findings by the EMI during 2017.”
Sappi said the company takes its environmental compliance duties and responsibilities seriously and strives to continuously improve and enhance compliance and reduce the business’s environmental footprint.
The company said this is demonstrated by the ongoing pro-active mitigating actions to continuously reduce emissions and impact over the past two decades including: