South Africa’s failure to manage waste properly is no longer just an environmental issue; it is a growing legal, health and human rights concern and without urgent reform, the costs will continue to mount in landfills and lives.
With nearly a third of households lacking access to formal waste removal, communities increasingly rely on open dumping, backyard burning and unregulated landfill use, exposing themselves to serious health and environmental hazards.
A new study by North-West University (NWU) environmental law researcher Nkeletseng Zonyane highlights the legal implications of this crisis. “Improper waste management doesn’t just pollute our soil and water, it violates our constitutional right to a healthy environment,” says Nkeletseng, whose work forms part of her MPhil degree in environmental law and governance at the NWU.
The study that found those living near waste disposal sites face increased risks of respiratory diseases, tuberculosis and skin infections. Burning waste releases carcinogens, while leachate from landfills contaminates groundwater and heavy metals from dumped household waste enter the food chain through crops.
Children are the most at risk
“Children are especially vulnerable,” Nkeletseng adds. “They breathe this air, drink the water and play in polluted spaces. The impact is both immediate and generational.”
Despite strong environmental provisions grounded in Section 24 of the Constitution and enforced under statutes such as the National Environmental Management Act and the Waste Act, implementation remains weak. Nkeletseng recommends strengthening local government capacity, increasing the number of environmental management inspectors and introducing environmental courts to deal specifically with non-compliance.
Her research also calls for practical steps such as better waste separation, improved infrastructure and targeted community education to move South Africa up the waste management hierarchy, prioritising reduction, reuse and recycling before disposal.
Laws must be enforced
“Laws mean little without action,” she says. “Until compliance is enforced and awareness raised, waste will continue to harm the very communities it should serve.”
Nkeletseng's study makes clear that South Africa’s waste crisis is not just about garbage, it is about governance, accountability and the basic rights to clean air, safe water and human dignity.
Nkeletseng Zonyane.
