The efficacy of the legal framework regulating PPE pollution arising from COVID-19 in South Africa, and proposed reforms

Abstract

This dissertation analyses the efficacy of the newly introduced Regulations and EPR Notice as a mechanism to address the unprecedented upsurge of single-use plastic PPE pollution arising from COVID-19. While single-use PPE is effective as one preventative measure against COVID-19, improper waste management from discarded PPE gives rise to a socio-ecological disparities. PPE leakages into the environment destroy habitats and threaten wildlife; breakdown into microplastics which adversely impact everyone, especially marginalised and impoverished communities; and place a strain on local governments and municipal waste management systems to properly collect and dispose of PPE waste. The Regulations and EPR Notice are the most specific mechanisms to hold single-use PPE producers responsible for environmental pollution caused at the end-of-life stage of their product. This dissertation recognises through a human rights-based approach, the interdependence between environmental rights and human rights. The dissertation critiques the Regulations and EPR Notice to determine both the advantages and limitations of the law in addressing PPE pollution. Furthermore, this dissertation engages an integrated multidisciplinary approach to the complex single-use PPE problem, by offering various measures that, if implemented, may support and enhance the efficacy of the Regulations and EPR Notice in relation to PPE pollution arising from COVID-19.