Prosecution of health care risk waste offenders in terms of South African law

Abstract

The proper management of Health Care Risk Waste (HCRW) is essential in order to protect the natural environment and the wellbeing of humans and animals. This study was undertaken to determine the extent to which the South African legal framework regulates HCRW management. The study focuses on the definition of HCRW in line with its various categories and various treatment methods. The current study explores the serious impact that the improper management of HCRW causes to the environ-ment and the resulting health impacts attached to the illegal disposal of HCRW. In addition, the study discusses section 24 of the Constitution of the Republic of South Africa,1996, the provisions of the National Environmental Management Act 107 of 1998 (NEMA) and the National Environmental Management: Waste Act 59 of 2008 (NEMWA) in relation to HCRW. The HCRW management procedures namely segregation, classification, labelling, packaging, storage, collection and treatment are also considered, and findings reveal that presently, some provinces have promulgated legislation specifically relating to HCRW while some provinces remain guided by SANS. A discussion of the various chal-lenges faced by the criminal justice system and reveals that training of law enforce-ment officers is one of the main issues that causes these underlying challenges.