One of the accused in the environmental case against farming giant Joubert & Seuns will no longer be prosecuted in his personal capacity.

Farm manager, Lionel Eva appeared in the Nelspruit Regional Court on Wednesday.
The enforcement unit of the Department of Water and Sanitation (DWS), or Blue Scorpions, were also part of the investigating team into transgressions of the National Environmental Management Act (107 of 1998), known as Nema.

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The DWS and the Department of Agriculture, Rural Development, Land and Environmental Affairs were alerted by the Schoemanskloof Farmers Association about alleged non-compliance issues and practices by Joubert & Seuns and others, including the alleged drenching of wetlands and development of orchards in riparian areas of rivers and streams.

The investigators were assisted by the scientific services department for aquatic ecosystems and herpetofauna of the Mpumalanga Tourism and Parks Agency.

In the case of a successful conviction, an order to rehabilitate an area to the satisfaction of all role players can be issued.

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On Wednesday Eva’s legal representative appealed to the court to dismiss the charges against him. The state emphasised that Eva was manager of Joubert & Seuns, and that as an employee, “if evidence proves that a company has committed an offence, he can be charged in a personal capacity”.

However, after consulting with the investigating officer, the state agreed to drop the charges against Eva in his personal capacity, but that representations must be submitted in writing.

The magistrate agreed that Eva could not “stand on both legs; personal and representative”, and added that it is clear that the state wants to avoid administrative issues.

She ruled that the court will dismiss the case against Eva, but that he must proceed in a representative capacity for the company. She postponed the case to February 12, 2020 for negotiations.