Wasting the Nation.indd - Groundwork
Wasting the Nation.indd - Groundwork
Wasting the Nation.indd - Groundwork
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Chapter 3: The politics of wastesalvaging in whatever context it takes place. Read with <strong>the</strong> section on integrated wastemanagement plans [s. 12], it implies also that salvagers must be recognised in thoseplans.Given <strong>the</strong> requirements for participation, this provision opens a political space forwaste pickers to engage with <strong>the</strong> official processes that define <strong>the</strong>ir work. How <strong>the</strong>yuse that space will depend on how organised <strong>the</strong>y are and whe<strong>the</strong>r <strong>the</strong>y are in factrecognised by officials and o<strong>the</strong>rs. Chapter 6 documents people’s struggles and showsthat local conditions are highly variable.EnforcementAs noted, <strong>the</strong> ‘green scorpions’ have made some impression on <strong>the</strong> culture ofcorporate impunity. The Bill provides for substantial fines and for imprisonment ofoffenders. Actual penalties will depend on <strong>the</strong> courts which have historically beensympa<strong>the</strong>tic to business. Waste managers remain sceptical that penalties, and <strong>the</strong>chances of being caught, are sufficient to deter activities such as illegal dumping. Forthis reason, eThekwini’s Department of Solid Waste (DSW) is cautious of raising <strong>the</strong>price of disposal which is one of <strong>the</strong> few levers that <strong>the</strong>y have for encouraging wastereduction.Following from <strong>the</strong> requirement for cooperative governance, however, municipalities<strong>the</strong>mselves are exempt from criminal sanction. <strong>Nation</strong>al or provincial governmentcould take civil action although this would go against <strong>the</strong> grain of South Africa’spolitical culture. Holding municipalities to account is thus effectively devolved tocitizens.Contaminated landThe Bill enables <strong>the</strong> minister or MEC to order an investigation into land suspected ofbeing contaminated, irrespective of when <strong>the</strong> contamination took place, and to orderremediation as necessary. When ownership of land is transferred, it requires sellers todeclare any contamination to buyers. The potentially dramatic effect on land valueswas highlighted by a submission from Standard Bank arguing that banks should notbe liable where <strong>the</strong>y have taken possession of land used as security against a loan.They have been granted an exemption provided that <strong>the</strong>y held such land before <strong>the</strong>Bill comes into law. O<strong>the</strong>rwise, <strong>the</strong> implication is that <strong>the</strong>y should investigate <strong>the</strong>contamination, or likely contamination of land, before lending money.<strong>Wasting</strong> <strong>the</strong> <strong>Nation</strong> - groundWork - 77 -