In pursuit of these noble goals as contained in the National Environmental Management: Air Quality Act 34 of 2004, as amended and also in pursuit of the constitutional rights of the people of South Africa, the Portfolio Committee on Environmental Affairs undertook an oversight visit to the Gauteng and Mpumalanga provinces from the 28-30 October 2014.The aim of the oversight was to determine Eskom, Sasol, BHP and other chemical and steel manufacturing companies were doing in complying with the air quality emission standards set by the National Environmental Management: Air Quality Act of 2004 (Act No 39 of 2004), in the context of increasing concerns of air pollution by local communities in the Vaal Triangle Air Pollution Hotspot and the Highveld Air Quality Priority Area, respectively. It is a matter of great concern to the members of the Portfolio Committee that companies continue to emit unacceptably high levels of pollution when Section 51(1)(e) has explicitly stated that "A person is guilty of an offence if that person contravenes or fails to comply with a condition or requirement of an atmospheric emission license". In respect to the penalties, Section 52(1) states that "A person convicted of an offence referred to in section 51 is liable to a fine not exceeding five million rand, or to imprisonment for a period not exceeding five years and in the case of a second or subsequent conviction, to a fine not exceeding R10 million rand or imprisonment for a period not exceeding 10 years or in both instances to both a fine and such imprisonment." This oversight visit took place against the backdrop of the fact that the quality of ambient air in many areas of the Republic is not conducive to a healthy environment for the people living in those areas let alone promoting their social and economic advancement. It is for this reason that the Minister of Environmental Affairs declared certain areas in our country Air Quality Hotspots. The burden of health impacts associated with polluted ambient air falls most heavily on the poor, taking into account that air pollution carries a high social, economic and environmental cost that is seldom borne by the polluter. In addition, atmospheric emissions of ozonedepleting substances, greenhouse gases and other substances have deleterious effects on the environment both locally and globally. Notwithstanding, the South African Constitution states that everyone has the constitutional right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that - (a) prevent pollution and ecological degradation; (b) promote conservation; and (c) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development;
