As a species, we gear towards maximum production value at the lowest possible production costs. Generally viewed positively, technological advancement has allowed us to connect globally and thereby reach an exponentially larger target market in respect of business initiatives, education and travel.

However, as efficient and powerful as a tool may be, it needs to be utilized with a certain degree of responsibility and caution.  As our reliance on technological advancement and the numerous benefits that come with it increases, so do the physical ramifications of such reliance.

What is e-Waste?

Electronic waste or “e-waste” refers to discarded electronic appliances or tools which have for some reason outlived its use or function and, may take the form of old computers, cellphones, toasters, fridges etc. According to the Department of Environmental Affairs, e-waste makes up 5 – 8% of South Africa’s solid waste production and is growing at a rate three times faster than any other form.

The substances and components that a number of electronic items comprise of, poses a relative risk due to their toxicity and the dangers they impose to general health and the environment. These dangers underline the pertinent need for this form of waste to be handled in the appropriate manner and for the existence of the necessary legislative and regulatory framework to deal with this.

What is South Africa’s Legislative Framework in respect of e-Waste?

The National Environmental Management Waste Act 59 of 2008 as amended (hereafter “the Waste Act”) provides general guidelines on how to deal with hazardous waste and therefore provides the general framework in dealing with e-waste.

Be that as it may, the Waste Act enjoys little implementation as clauses are drafted in accordance with a voluntary abidance mechanism were such abidance is not monitored.

Section 28 of the Waste Act allows the Minister to call upon certain sectors and industries who produce waste to submit waste management plans for approval and, recent amendments have directed that the minister must consult each and every MEC in the province who is affected by the waste prior to the approval of such plans.

Where Section 28 provides the Minister a certain degree oversight in respect of accountability and implementation, Section: 16 provides for the duties and obligations placed on e-waste creators with regard to the physical handling of e-waste.

Be that as it may, the legislative gap between the aforementioned framework and actual implementation and enforcement, remains relatively large. With sources of law such as the Constitution, the Occupational Health and Safety Act and the National Health Act, we are spoiled for choice in respect deriving the right to safe and healthy environment.

Conclusion

E-waste has not gone completely unnoticed as recent bursts of interest has manifested as far back as 2015 when a national consultative conference on electronic waste management was held. In saying that however, we appear to lack the enforceability, accountability and penalty mechanisms which would allow for the proper handling of e-waste.

Be that as it may, it appears that initiatives on tightening the application of Section 28 are under foot, where waste creators are to be responsible for a created item from production to the end of its “life”. Therefore moves towards bridging the accountability and enforcements gaps appear to be making efficient management of e-waste an attainable prospect.

Written by Raeesa Ebrahim, SchoemanLaw Inc