National Waste Management Strategy: Submissions to PCWEA

1. National Waste Management Strategy:Submissions to PCWEA CER obo groundWork, South Durban Community Environmental Alliance, and Vaal Environmental Justice Alliance 31 May 2012

2. Overview • Achieving the goals of the NWMS: measuring and monitoring compliance • The regulatory framework: concerns about self-regulation model • Capacity challenges: implementation of the Waste Act and its compliance and enforcement

3. Achieving the goals • NWMS contains targets to be met by 2015/2016(?) and Action Plan that sets out how effect will be given to it. Must be reviewed at intervals of not more than 5 years • NWMS needs to be more practical so that it can be enforced, and in order to measure and monitor whether government and other role-players are on track to meeting its goals, and where there is non-compliance • More detail is required, including objectives for the short, medium and long term • Given the large investment required in order to meet the goals of the NWMS, time-frames should extend beyond 2015/2016 • Problematic aspect in relation to monitoring, is that certain targets do not have a baseline, which makes it difficult to measure progress

4. Regulatory Framework • NWMS indicates a commitment to a “co-regulatory and consensual approach”, that “relies on industry initiative and voluntary compliance”, with “more interventionist regulatory tools” being deployed only “where industry response proves insufficient for dealing with waste challenges” • Provision in Waste Act for certain voluntary measures – such as Industry Waste Management Plans and Extended Producer Responsibility schemes, but, given the extreme challenges of waste management in South Africa, an approach that relies heavily on self-regulation is unlikely to succeed • In any event, the current dire state of waste management indicates that industry is unlikely to take this initiative. There is no reason to believe that industry initiative and voluntary compliance will improve to the extent that the objects of the Waste Act will be promoted

5. Regulatory Framework (cont.) • Unless there is strong enforceable legislation that is adhered to by society and industry, as well as industrial commitment, political will and consumer power to challenge improper practice, self-regulation is unsuitable for South Africa • “20 percent of the regulated population will automatically comply with any regulation, 5 percent will attempt to evade it, and the remaining 75 percent will comply as long as they think that the 5 percent will be caught and punished” - Chester Bowles • Need to be serious disincentives to non-compliance which are monitored and enforced

6. Capacity challenges • Serious capacity challenges exist in government, especially in the local sphere • Clear that a number of additional, appropriately qualified staff are required to implement NWMS. For eg, there are a range of reporting provisions in the Waste Act, which are meaningless, unless there is capacity to consider and address the reports, the reports are given priority, and non-compliance is monitored and appropriately addressed. • NWMS refers to a coordinated capacity-building programme for local government (apparently to be implemented in 2012), but insufficient details are provided as to how the serious capacity problems will be addressed. • As to compliance and enforcement, NWMS indicates that, by 2015/2016: 800 EMIs should be appointed, with two-thirds to operate at provincial & local government level

7. Capacity challenges (cont.) • This figure seems to be very ambitious – according to 2010-11 NECER: • 413 operational compliance and enforcement EMIs: • 183 responsible for brown issues (NEMA, NEMWA, NEMAQA) • 229 responsible for green issues (NEMPAA, NEMBA) • 1 responsible for blue issues (ICMA) • More detail is required as to time-frames within which this target will be met, and how this will be done. For eg, how many of the 800 EMIs will be newly appointed and how many will be existing; EMIs how many will be dedicated to C&E of Waste Act; and how many will there be from each of the three spheres of government. In this regard, NWMS simply states that the desirable number of EMIs in each municipality and province will be quantified. Action Plan indicates that DEA will determine the number of EMIs required for each level of government in 2012/2013. • Capacity challenges are crucial and need to be addressed with more urgency and in more detail in the NWMS.

8. Conclusions • In order for the NWMS to achieve the objects of the Waste Act, it needs to have more detailed, clearer and more practical objectives and time-frames. This will make it not only easier to implement, but it will also be easier to measure progress towards meeting the goals, and to identify where there is non-compliance • There must be serious disincentives for non-compliance with the Waste Act, as well as strong enforcement, instead of a reliance on self-regulation and voluntary compliance by industry • Severe capacity challenges in government, including in relation to compliance and enforcement, must be addressed

9. Contact details Robyn Hugo Centre for Environmental Rights 223 Lower Main Road, Observatory, Cape Town 021 447 1647 rhugo@cer.org.za