This followed an investigation into transgressions of the National Environmental Management Act (107 of 1998), known as Nema.
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Case 20/02/2018 was reported by environmental management inspector, or Green Scorpion, Maanda Alidzulwi on February 16 last year.
The enforcement unit of the Department of Water and Sanitation (DWS), or Blue Scorpions, were also part of the investigating team.
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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.
During the investigations, the erection of shade netting also came under scrutiny.
Eric Khoza, spokesman for Eskom, confirmed that its customer-service policy requires a service agreement from a customer requesting electricity supply connections.
The traversing of power lines across properties is mutually agreed upon and these are erected upon a restricted area referred to as either a line servitude or way leave.
“The agreement stipulates that the customer shall ensure that no trees, bush, or any material or structures that might cause damage to any Eskom structure or power line encroach within a specified distance (as per voltage size of the power line) without prior permission of Eskom.”
According to Khoza, Joubert & Seuns did not seek the power utility’s permission to erect shade netting. Eskom said the shade nets limit access to the power lines and do not allow employees to identify and reach parts of the power line where faults may occur.
He said that the nets are suspended by tension wires, which also pose a risk should the power line touch these wires, resulting in possible electrocution of animals, loss of human life and damage to Eskom’s infrastructure.
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Khoza said that the clearing of land where power lines are on a property poses a further risk, as the poles and stay wires are placed on the restricted areas to support a power line.
Eskom requested a meeting with the Jouberts to discuss the implementation of the proposals on a monthly basis, since the contravention requires steps to be taken within a certain time frame to ensure no unnecessary risks exist.
It was allegedly decided that in the areas where shade nets are erected under the power lines, the shade nets would be removed to clear the restricted areas.
