Critical legal perspective on the interplay of solid waste management and the human rights in South Africa : lessons from Kenya and England

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.