SUB-DIRECTORATE: COMPLIANCE MONITORING AND ENFORCEMENT

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Presentation transcript:

SUB-DIRECTORATE: COMPLIANCE MONITORING AND ENFORCEMENT DIRECTORATE: REGULATION PRESENTED BY : KENNY MABASO OFFICE : GAUTENG PROVINCIAL OFFICE VENUE : RAND WATER DATE : 12 SEPTEMBER 2017 PRESENTATION TITLE Presented by: Name Surname Directorate Date

What is Enforcement? Ensures that appropriate legal action is taken against all unlawful water users through our enforcement tool. Functions performed include investigations, administrative enforcement( issuance of notices and/or directives )and opening criminal cases with SAPS.

Enforcement Actions Formal and informal warnings (e.g. letters of non-compliance) Administrative enforcement such as statutory notices, compliance notices and directives, and or court applications to enforce such notices or directives. (Section 19, 20, 53 & 54) Criminal enforcement: criminal prosecution (section 151 of the NWA) requires that all the element of a crime be proven beyond reasonable doubt

Failure to rectify Contravention When a water user fails/not willing to prevent pollution, to stop illegal water uses a notice and a directive can be issued in terms of section 19 (pollution) and 53 (illegal water uses) of NWA Failure to comply with the directive issued a notice for rectification of contravention can be issued in terms of section 53 (2) of NWA

Failure to rectify Contravention When a water user fail to comply with issued directive, a criminal case is opened with SAPS for legal intervention. Once the criminal case is opened the DWS works hand in hand with SAPS to ensure prosecution and enforcement of the law.

Offences The following offences are in terms of section 151 of the NWA Failure to provide any books, accounts, documents; Failure to comply with licence or permit under NWA; Failure to comply with the directive; Failure to give information or data

CME ROLE AND RESPONCIBILITY CME`s ROLE IS NOT TO POLITICISE THE NWA AND WSA, BUT TO ENSURE COMPLIANCE AND TO MONITOR WATER USE ACTIVITIES, AND ENFORCE WHEN THERE IS NON-COMPLIANCE

WATER IS LIFE SANITATION IS DIGNITY

THANK YOU ANY QUESTIONS