Abstract:
study explores the interplay between environmental protection and human
rights, specifically within the realm of solid waste management in South Africa. It
presents a historical exposition and shows how the apartheid legislative framework
enabled environmental injustice, particularly in marginalised communities. A
fundamental focus lies in exploring transformative laws, policies and strategies
designed to combat unsustainable solid waste management practices and public
health violations. The National Environmental Management: Waste Act emerges as
a cornerstone legislation guiding solid waste regulation. Emphasis is placed on
effective monitoring, resource allocation and enforcement to ensure sustainable solid
waste management. Municipalities are examined in their role of fostering robust
waste management within communities.
The study further investigates the legal dimensions of solid waste management
within the context of International Environmental Law, showcasing its influence on
South Africa’s legal framework and enforcement mechanisms. The research further
explores the intersection between solid waste management, environmental
protection measures and fundamental human rights such as the right to life, dignity,
education, social security and health. It uncovers both direct and indirect
consequences of inadequate solid waste management on these rights, specifically in
marginalised communities.
The study identified barriers hindering sustainable solid waste management in South
Africa and addressed issues such as solid waste corruption, poor service delivery,
poverty, unemployment, consumer behaviour, lack of political will and lack of waste
management facilities. Comparative legal analyses of solid waste management
practices in Kenya and England are conducted to offer valuable insights and
potential strategies for South Africa. The findings of the study highlight the necessity
of a balanced relationship between the public and the environment, especially in
managing elements like solid waste and its environmental implications.
