The report says Eskom remains the organ of state with the highest rate of non-compliance under environmental legislation, but Eskom says it needs to study the document.
At a media briefing in Cape Town the Environmental Management Inspectorate (EMI) acting chief director for enforcement, Frances Craigie, said her organisation known as the ‘Green Scorpions’ was picking up “a lot of non-compliances” by Eskom.
“We have initiated some criminal investigations against them, but what the NPA said to us is that they cannot prosecute Eskom because… it’s an organ of state, as defined in our National Environment Management Act (Nema).”
This was something the EMI was looking at, “and seeing whether that can be amended”.
According to the report, section 48 of the Nema in effect absolves so-called organs of state from criminal liability.
The report says the Green Scorpions found problems at the utility’s Lethabo power station in the Free State, its Matimba power station in Limpopo, and the Camden power station in Mpumalanga boiling down to “significant non-compliances to conditions of authorisations”.