AP VOS & SONS (Pty) LTD FINED FOR CONTRAVENTION OF NATIONAL WATER ACT

12 September 2025

AP VOS & SONS (Pty) LTD FINED FOR CONTRAVENTION OF NATIONAL WATER ACT

Nelspruit – The Nelspruit Regional Court has imposed a fine of R2.4 million on AP VOS & SONS (Pty) LTD, trading as VOSMAC, for contravening the National Water Act 36 of 1998. The company was convicted on five counts, including unlawful water use, failure to comply with directives, and failure to register a dam posing a safety risk. Between June 2012 and July 2025, the accused conducted water-use activities without a licence on three farms – one at Farm Sunnyside and two at Farm Boerlands in Barberton.

In August 2023, the Inkomati-Usuthu Catchment Management Agency issued a notice of intent to issue a directive due to the ongoing illegal conduct. This ultimately led to criminal charges being brought against the company. In court, the accused entered into a plea and sentence agreement with the State in terms of Section 105A(1) of the Criminal Procedure Act 51 of 1977, which the court accepted.

State Advocate Tshepo Mahasha, in aggravation of sentence, emphasised that Section 24 of the Constitution guarantees everyone the right to an environment that is not harmful to their health or well-being. He stressed that the accused’s unlawful activities could have negatively impacted the environment. In mitigation, the defence argued that the company had cooperated with the National Prosecuting Authority (NPA), was a first offender, and had pleaded guilty.

Counts 1 to 3 were taken together for sentencing purposes. The court imposed a fine of R2.4 million, with R1.2 million suspended, on condition that the accused is not convicted of contravening Section 151(1)(b) of the National Water Act during the suspension period, On count 4, the company was sentenced to a fine of R300,000, half of which (R150,000) is suspended for five years, On count 5, the company was sentenced to another fine of R300,000, half of which (R150,000) is also suspended for five years and Additionally, the court ordered the accused to pay R500,000 to the Usuthu Catchment Management Agency within one month.

In total, the company is required to pay R1.5 million. The NPA welcomes the finalisation of this matter. This case underscores the importance of compliance with environmental laws and serves as a deterrent to other companies that fail to adhere to such regulations. Ends

Issued by:

Monica Nyuswa

NPA Regional Spokesperson

DPP Mpumalanga

Tel: 013 045 0625

Cell: 076 485 5446

Email: mnyuswa@npa.gov.za