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State v Stefan Frylinck

Country/Territory
South Africa
Type of court
National - lower court
Date
Apr 6, 2011
Source
UNEP, InforMEA
Court name
North Gauteng High Court
Judge
Patterson
Reference number
14/1740/2010
Language
English
Subject
Environment gen., Legal questions
Keyword
Enforcement/compliance Offences/penalties
Abstract
The charges against Frylinck, an environmental consultant representing Mpofu Environmental Solutions CC, and Mpofu originated from the planned construction of the Pan African Parliament in Midrand. In 2009, the DEA stopped the construction of the complex when it was discovered that construction was causing serious damage to a wetland on the site. Environmental Management Inspectors laid criminal charges against Frylinck who compiled the basic environmental assessment on which the decision to allow building was based for not pointing out the existence of a wetland to authorities. Officials who consider EIA applications have to rely at least in part on the integrity and honesty of the consultants who provide information to them, and the quality of the work done by those consultants. Where that integrity is violated and the work does not meet the required standard, whether through intent or negligence, it is imperative that decisive punishment is meted out as deterrent to others.
Full text
COU-159329.pdf