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. Sappi pleaded guilty to contravention of the National Environmental Management Air Quality Act.

EXCEEDING AMOUNT OF EMISSIONS

Sappi is in possession of an Atmospheric Emission Licence which stipulates the daily average of Sulphur Dioxide 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. 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.

SENTENCING

The Scottburgh Regional Court sentenced Sappi to a fine of R8 million which was wholly suspended on condition that the company complies with the confiscation order and pays R8 million as follows, R5 million to eThekwini Municipality (the complainant) and R3 million to the Criminal Assets Recovery Account (CARA).These payments must be made by 28 April 2023. The plea was taken in consultation with the Department of Forestry, Fisheries and Environment, and the eThekwini Municipality.The criminal matter was finalised by Senior State Advocate Bonga Vika and State Advocate Rajendrie Naidoo from the AFU. The KZN National Prosecuting Authority spokesperson Natasha Ramkisson-Kara said that they welcome the finalisation of this matter. "This case demonstrates the hand-in-glove relationship between the AFU and prosecutors in ensuring that we take the profit out of crime. We congratulate all colleagues who ensured this successful prosecution," she said.