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Jean Chrysostome Kanamugire

Offences and Penalties for Water Pollution in South Africa


A Comparative Analysis of South African, British, American and Australian Legislation
2010. 120 S.
Verlag/Jahr: VDM VERLAG DR. MÜLLER 2010
ISBN: 3-639-30417-9 (3639304179)
Neue ISBN: 978-3-639-30417-6 (9783639304176)

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The growth of industrialisation has increased water pollution. Industries and individuals produce pollutants that are discharged into waters. Uncontrolled water pollution results in health hazards to human beings and other livings. Thus there is a need to impose water pollution control measures to reduce pollution to an extent where very little pollutants are discharged into waters. States have enacted statutes for controlling water pollution in order to achieve the safety of waters. Legislation impose measures, such as a permit and its conditions, that must be respected to discharge pollutant or trade effluent into waters, otherwise the discharger becomes a polluter and liable to criminal sanctions. Statutes provide fines or imprisonment, or both, for water polluters and severely punish a subsequent offender. Corporation and corporate officers are punished for the offence of polluting waters. Environmental audit or service orders restores the environment in its previous condition and may be used to detect and correct an inappropriate management system. Prosecution for environmental crime must be used as a last resort.
PhD candidate in School of Law at UKZN, South Africa, he holds two Masters degrees in laws (LLM Environmental Law and LLM Business Law) and LLB degree from UKZN. He has mostly worked in humanitarian organizations and as a counsellor for refugee communities in advocating and promoting refugee rights.