Wasting the Nation.indd - Groundwork

Chapter 3: The politics of wastesalvaging in whatever context it takes place. Read with the section on integrated wastemanagement plans [s. 12], it implies also that salvagers must be recognised in thoseplans.Given the requirements for participation, this provision opens a political space forwaste pickers to engage with the official processes that define their work. How theyuse that space will depend on how organised they are and whether they are in factrecognised by officials and others. Chapter 6 documents people’s struggles and showsthat local conditions are highly variable.EnforcementAs noted, the ‘green scorpions’ have made some impression on the culture ofcorporate impunity. The Bill provides for substantial fines and for imprisonment ofoffenders. Actual penalties will depend on the courts which have historically beensympathetic to business. Waste managers remain sceptical that penalties, and thechances 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 theprice of disposal which is one of the few levers that they have for encouraging wastereduction.Following from the requirement for cooperative governance, however, municipalitiesthemselves are exempt from criminal sanction. National or provincial governmentcould take civil action although this would go against the grain of South Africa’spolitical culture. Holding municipalities to account is thus effectively devolved tocitizens.Contaminated landThe Bill enables the minister or MEC to order an investigation into land suspected ofbeing contaminated, irrespective of when the 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 they have taken possession of land used as security against a loan.They have been granted an exemption provided that they held such land before theBill comes into law. Otherwise, the implication is that they should investigate thecontamination, or likely contamination of land, before lending money.Wasting the Nation - groundWork - 77 -