jojo has recently completed the Aspirant Prosecutor Programme and was appointed by the National Prosecuting Authority as Regional Court prosecutor. He is still finding his feet and he feels unsure of the appropriate penalties or sanctions to impose for environmental law transgressions.jojo has been handed a docket to prosecute a case where the accused is a large corporation, Dig Deeper, who has commenced prospecting activities without the necessary environmental authorisation. According to jojo research, if convicted, the directors of the Company may be held personally liable for a fine of R 700 000.00. Desperate to avoid lengthy trials, the criminal defense attorneys of the directors of Chemicals-R-Us approached jojo , wanting to strike a deal. jojo approaches you for advice.

question 1

In light of the facts above, you have decided to advise jojo that there are many weaknesses to consider as regards criminal sanctions in the context of environmental law. In deciding whether to prosecute the directors, it is important for jojo to consider whether it is appropriate to use a criminal sanction in the first place. Fully address the factors that jojo should take into account in this regard. In your answer, also refer to the opinions of academic writers. Detailed knowledge of the specific weaknesses associated with criminal sanctions is not necessary for this question. (15 marks)