The Asset Forfeiture Unit (AFU) in KZN has obtained a confiscation order for R8m in a criminal case against Sappi Saiccor (Pty) Ltd.

Natasha Ramkisson-Karaz, the spokesperson for the National Prosecuting Authority, said in the case Sappi pleaded guilty to the contravention of the National Environmental Management Air Quality Act 39 of 2004.

Sappi is in possession of an Atmospheric Emission Licence which stipulates the daily average of sulphur dioxide and sulphur dioxide bubbles emissions that can be released into the atmosphere.

“During the period of July 2012 to December 2014 in and near the Umkomaas area, Sappi exceeded these amounts by expelling more emissions than they were permitted to.”

In the plea, Ramkisson-Kara said the company conceded to the excessive emissions, stating that this was due to technical and/or operational challenges.

They mentioned that they attended to such problems when they arose, in an attempt to remedy the situation and operate with the parameters of their licence.

Ramkisson-Kara said the Scottburgh Regional Court sentenced Sappi to a fine of R8m, which was wholly suspended on condition that the company complies with the confiscation order and R5m to eThekwini Municipality, the complainant, and R3m to the Criminal Assets Recovery Account.

These payments must be made by April 28. The plea was taken in consultation with the Department of Forestry, Fisheries and Environment, and the eThekwini Metropolitan Municipality.

The criminal matter was finalised by senior state advocates Bonga Vika and Rajendrie Naidoo from the AFU that successfully obtained the confiscation order.

“The National Prosecuting Authority welcomes the finalisation of this matter. This case demonstrates the hand-in-glove relationship between the AFU and prosecutors in ensuring that we take the profit out of crime. We congratulate all colleagues who ensured this successful prosecution,” said Ramkisson-Kara.