In a case described by Judge Brian Spilg, of the Gauteng High Court (Johannesburg), as ‘straightforward’ but nevertheless believed to be SA’s first successful private prosecution of environmental crime, BP Southern Africa has been found guilty of failing to fulfil its duty to protect the environment by building or upgrading a number of petrol stations without relevant authorisation.

A Moneyweb report notes that the Uzani Environmental Advocacy accused BP of failing to protect the environment when it built or upgraded 21 filling stations without compiling and submitting reports about the impact they would have on the environment.

It also said BP had not obtained authorisation from the Minister of Environmental Affairs or the relevant delegated authority before it started building the filling stations. This is a breach of the Environmental Conservation Act which requires anyone who wants to undertake an activity designated as ‘controlled’ by the Minister because it involves hazardous or dangerous substances – such as petrol and diesel – to comply with these requirements.

Spilg ruled that BP was guilty of unlawfully constructing 17 of the petrol stations in question before receiving the necessary clearance to do so.

BP was acquitted of the charges relating to the other four petrol stations.

Uzani was granted leave to privately prosecute BP for environmental offences under the National Environmental Management Act (Nema).

‘It is the very first time in history that a private prosecution (was) given leave to proceed in the High Court and as such it has given effect to the objective stated in the preamble to Nema that the Act must enable civil society to enforce environmental laws,’ Gideon Erasmus, the lawyer representing Uzani, is quoted as saying in the Moneyweb report.

BP noted 'the legal process is ongoing and once finalised we will consider our options'.

Full Moneyweb report

Judgment