The amount of e-waste suffocating our planet is a proper indication of how greedy the human race has become. New gadgets and their even newer models are being churned out at lighting speeds and we are consuming like never before. We want the newer brighter, faster, fancier gadgets on the market, throwing away our “old stuff” without a second thought as to what becomes of it.
However here is South Africa, wealth is spread unevenly across the different population groups. About 79% of the population are black, 9.6% white and 8.9% ‘coloured’, while the Indian and Asian population groups account for about 2% of the total population (2001 Census). Yet more than 90% of the unemployed are black people, and the poorest 10% of households account for less than 2% of national consumption. In contrast, the richest 10% have a 46% share of national consumption” (SA E-waste Assessment, 2008:11). Therefore the amount of e-waste going into our landfills is not being contributed evenly by all demographics.
Legislation and policy in South Africa ,which deal with e-waste and its management,is the job of the Department of Environmental Affairs and Tourism (DEAT) and the Department of Trade and Indsutry (dti). “DEAT has led the recent development of the National Environmental Management Waste Bill, while dti has commissioned a scoping study to assess the economic potential of the recycling sector, including e-waste. However, e-waste is a cross-sectoral concern, and several other departments are likely to have a keen interest in the development of an e-waste management system in South Africa, including the Department of Water Affairs and Forestry (DWAF), Department of Communications, Department of Science and Technology, the Departments of Health, Labour, and Minerals and Energy, and National Treasury” (SA E-waste Assessment, 2008:12).
E-Waste Policy & Legislation in South Africa is cited from the SA E-Waste Assessment, November 2008, http://www.ewasteguide.info
Key international conventions
South Africa has ratified the Basel Convention (1989), which seeks to restrict the movement of hazardous waste between countries, specifically from developed to developing countries. The convention is also concerned with waste minimization and the environmentally sound management of waste. However, it has not ratified the Bamako Convention (1991), which bans the import of hazardous wastes into Africa, and minimises and controls the trans-boundary movement of hazardous waste on the continent. According to DEAT, the Bamako Convention has not been ratified due to its potential impact on trade in waste. South Africa, and countries like Nigeria, has an interest in importing waste for recycling in the future.
Key legislation impacting on e-waste
National Environmental Management Waste Bill
There is currently no specific legislation that deals with e-waste in South Africa. However, the new National Environmental Management Waste Bill ([2007]) has come before parliament, and has implications for e-waste management. The Bill aims to reform waste management legislation in South Africa in order to protect public health and the environment. This includes providing reasonable measures for the prevention of pollution, securing “ecologically sustainable development”, to develop norms and standards for the management of waste, and to provide specific waste management measures such as licensing and controls, for the remediation of contaminated land, and to deal with compliance and enforcement. A national waste information system is also envisaged. It provides several definitions which can be read to have an impact on e-waste, such as what constitutes “acceptable exposure” (i.e. the maximum permissible concentration of a substance, which is relevant when collecting or recycling e-waste in volume), “best practicable environmental option” (relevant to a context when the latest technology for recycling e-waste may not be available), “hazardous waste” and “inert waste” (which includes waste that does not undergo significant transformation after disposal, and which may have relevance to some e-waste fraction), and “extended producer responsibility measures” (which is likely to impact on the responsibility of vendors and others after the sale of a product). (Chapter 1, pp6-9) The Bill is considered historic in that it is the first time that legislation has been used to drive an e-waste minimisation approach. It is limited only to waste streams that are not dealt with by other pieces of legislation, in order to avoid duplication and to complement existing legislation. Industrialised waste management plans are encouraged. In order not to over regulate, only industries that are identified as large waste generators will be required to develop and implement waste management plans. Other industries will be encouraged to develop plans on a voluntary basis. (Cloete, 2008).
Second-hand Goods Bill
The Second-hand Goods Bill ([2008]) aims to regulate the trade of second-hand goods, limit the trade of stolen goods, and promote ethical standards in the second-hand sector. Under the legislation second-hand goods are defined as “goods which have been in use by a person other than the manufacturer or producer”, excluding goods worth less than R100. A “dealer” is defined as “a person who carries on a business of dealing in second-hand goods, and includes a scrap metal dealer and a pawnbroker” (ibid.), while “scrap metal” is defined as:
Any used, broken, worn out, defaced or partly manufactured goods made wholly or partly of nonferrous or ferrous metal, lead or zinc or any substance of metallic waste or dye made of any of the materials commonly known as hard metals or of cemented or sintered metallic carbides.
n particular, Chapter 7, dealing with communication equipment, states that:
1) Subject to section 21 and any other applicable law, a dealer dealing in second-hand communication equipment must also record in the prescribed register the particulars regarding every acquisition or disposal of communication equipment contemplated in subsection (2)
(2)The particulars contemplated in subsection (1) are
a) a description of the communication equipment, including the make and model;
b) the communication equipment’s IMEI number, where applicable; and
c) any other distinguishing mark or feature, including any serial number.
(3) A person acquiring communication equipment from or disposing of communication
equipment to a dealer, must furnish such dealer, with his or her
a) full name;
b) physical address; and
c) original identity document or passport as proof of his or her identity.
(4) A dealer must obtain and keep a copy of the identity document or passport contemplated
in subsection (3).
(5) A dealer must retain copies contemplated in subsection (4) for a period of not less
than five years, calculated from the date of the relevant transaction.
