Legal Implications of Improper Municipal Solid Waste Management on Human Health and the Environment

Abstract

This study set out to determine the legal implications of improper municipal solid waste management on human health and the environment by consulting primary and secondary sources of law. Primary sources of law included international law, the Constitution, legislation and case law, and secondary sources included journal articles, books, book chapters and internet sources. Improper waste management has negative consequences for human health and the environment. People living within a five-kilometre radius of waste disposal are at greater risk of developing respiratory tract diseases. Leachate produced at landfill sites pollutes groundwater sources. Burning waste releases dioxins, particulate matter, and polycyclic aromatic hydrocarbons. Illegal dumping introduces heavy metals into the receiving soil, leading to contamination of edible vegetables and affecting the quality of the soil. Waste management regulation is founded on the provisions of section 24 of the Constitution. The National Environmental Management Act 107 of 1998 (NEMA) forms the legislative framework for environmental law. The NEMA provides for environmental management principles and cooperative environmental governance. The National Environmental Management: Waste Act 58 of 2008 (Waste Act) aims to ensure the implementation of a waste management hierarchy. It provides for the establishment and implementation of the National Waste Management Strategy. Environmental management inspectors (herafter EMIs)are designated in terms of the NEMA to enforce environmental laws. Only Grade 1 EMIs have full powers. Adding environmental health practitioners to the Environmental Management Inspectorate could help with the enforcement of waste regulations in the local sphere of government. Training of the National Prosecuting Authority and members of the judiciary and the establishment of environmental courts are essential for the proper enforcement of waste management regulations.