It is of critical importance that Boards of both Public and Private Companies put Environmental Social and Governance (ESG) at the centre of their compliance structures.
Recent changes in the environmental legislation in South Africa, particularly following the coming into effect of many sections of NEMLAA, on 30 June 2023, have increased penalties for non-compliance and liability extends right to the top management of corporate entities.
Some enforcement powers have now also been devolved down to municipal levels of government.
Occupational health and safety is again in the spotlight following reports of illegal mining (which has the potential to impact on persons carrying on lawful mining operations) and workplace accidents. and Boards need to make a concerted effort to ensure compliance with the Mine Health and Safety Act or the Occupational Health and Safety Act, depending on which is applicable.
Disclaimer: This article is provided for informational purposes only and is not intended to serve as legal advice. Readers should consult one of our legal professionals for advice tailored to their specific circumstances.