Government and our courts are serious about protecting the environment, and NEMA (the National Environmental Management Act) is being strictly enforced.
A new amendment to NEMA provides that directors (and members of CCs) are now jointly and severally liable “for any negative impact on the environment, whether advertently or inadvertently caused by the company or close corporation which they represent, including damage, degradation or pollution”.
Your risks are high
You risk both personal liability in a monetary sense (including the cost of remedial action which could well be substantial) and criminal prosecution, for which the penalties are severe – fines of up to R10m and/or 10 years’ imprisonment.
Note: NEMA also provides strong protection for whistle-blowers – see the next article “Whistle(Blowing) While You Work” for more.
If you want to get in touch with us to act in respect of any matter stated herein, please send an email to info@chrisfick.co.za
© DotNews, 2005-2013. This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.