Local Government, Environmental Affairs and Development Planning

Please note that the Department of Environmental Affairs and Development Planning does not issue spot fines therefore the reply is only applicable to CapeNature

1. When last were (a) the lists of transgressions for which spot fines can be issued by his CapeNature and (b) the amounts of these spot fines amended;

1. The lists of transgressions for which spot fines can be issued by CapeNature were amended in March 2016.

(b) The amounts for spot fines were last amended in March 2016.

CapeNature submitted a draft Fines List, along with copies of the relevant legislation to the Western Cape Magistrates' Committee for the Determination of Admission of Guilt Fines. The committee deliberated on the matter and determined the fine amounts and approved the fines list in terms of section 57(5)(a) of the Criminal Procedures Act, Act 51 of 1977,  Final approval for the implementation of the Fines List was received on 17 March 2016.

2. Whether the current system of spot fines is effective in changing the behaviour the majority of potential transgressors positively; if not, why not; if so, what are the relevant details;

Judging by the number of spot fines issued during the last three financial years, there is no discernible trend that indicates that the behaviour of the majority of transgressors has changed either positively or negatively. If issuing spot fines were effective in preventing or deterring crime, one would expect the trend to be negative over time. However, with so many externalities and variables at play, any deduction made from these very basic numbers, will remain nothing more than speculation.

3. How many spot fines have been issued by his Department and CapeNature during each of the last three financial years?

During the last three financial years and Year-to-date 2019/20, a total of 347 spot fines have been issued by CapeNature under the Nature Conservation Ordinance No. 19 of 1974 (Ordinance) and the Marine Living Resource Act (MLRA). Annual figures are as follows:

*Reference: Annual National Environmental Compliance and Enforcement Report

^#Year-to-date 1 April 2019 – 29 February 2020