The Effectiveness of Plea and Sentence Agreements in Environmental Enforcement in South Africa

41 Pages Posted: 25 Nov 2019

Date Written: October 25, 2019

Abstract

A recent development in South African environmental law is the use of plea and sentencing agreements. The main objective of environmental law is to promote the sustainable use of natural resources while preventing pollution and ecological degradation. Grand environmental due diligence processes could achieve sustainable development; the use of criminal sanctions with sentencing agreements could be more effective. This paper answers the question whether the plea and sentencing agreements in reality achieve the objectives of environmental regulation? This study analyses this recent development by looking at selected recent cases in South Africa. The study found that plea and sentence agreements are potentially effective, subject to the effective monitoring of compliance and enforcement against non-compliance with the undertakings made by the accused person. Without institutional strengthening and effective monitoring, the plea and sentence agreement procedure remains ineffective.

Keywords: plea and sentence agreement, South Africa, environmental compliance, criminal sanctions, environmental penalties, Environmental law, compliance and enforcement

Suggested Citation

PELJ / PER, Potchefstroom Electronic Law Journal and Murombo, Tumai and Munyuki, Isaac, The Effectiveness of Plea and Sentence Agreements in Environmental Enforcement in South Africa (October 25, 2019). Potchefstroom Electronic Law Journal, Vol. 22, 2019, Available at SSRN: https://ssrn.com/abstract=3491615

Potchefstroom Electronic Law Journal PELJ / PER

North-West University

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Potchefstroom, Northwest 2520
South Africa

Tumai Murombo (Contact Author)

University of the Witwatersrand ( email )

1 Jan Smuts Avenue
Johannesburg, GA Gauteng 2000
South Africa

Isaac Munyuki

University of the Witwatersrand ( email )

1 Jan Smuts Avenue
Johannesburg, GA Gauteng 2000
South Africa

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