Centre for Environmental Rights – Advancing Environmental Rights in South Africa

Uzani 3: The Sentencing of BP Southern Africa (Pty) Ltd for environmental crimes

• Court: High Court of South Africa, Gauteng Division, Pretoria
• Case No.  82/2017
• Date: 6 September 2024
• Judge: Spilg J
• Judgment available here.

Note that this is the third judgment in the Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd private prosecution matter. See Uzani Environmental Advocacy CC v BP (Pty) Ltd for a summary of the other judgments in this matter.

Case summary of Uzani 3: Sentencing 

In an earlier judgment in this matter, BP Southern Africa (Pty) Ltd had been found guilty of offences in terms of the Environment Conservation Act, 1989 (ECA) and the National Environmental Management Act, 1998 (NEMA). In South Africa’s first successful private prosecution under section 33 of NEMA, the Court found that BP commenced listed activities related to the construction and management of filling stations without environmental authorisation required in terms of those Acts.

The court held an enquiry under s 34 (3)(g) of NEMA after which it heard the parties on sentencing and on 6 September 2024 BP was sentenced for the contraventions under the following penal provisions of NEMA and ECA:

1. 1. In respect of the counts under s 34(3) of NEMA, a fine of R 6 245 424
   2. In respect of the counts under s 29(4) of ECA, an initial fine of R 6 187 650
   3. In respect of the additional fine under s 29(4) of ECA, an amount of R 47 112 970.