UN Report Suggests Toxic Pollution in South Africa Worsened by Corporate and Governmental Neglect

A recent report by United Nations special rapporteur on toxics and human rights, Marcos Orellana, has shed light on the perils of toxic pollution in South Africa, emphasizing that both corporate misconduct and governmental complacency have exacerbated the situation. Despite the nation's binding commitment to key environmental agreements and a constitution boasting human rights protections, South Africa remains marred by a legacy of environmental racism and toxic pollution that disproportionately harms marginalized communities.

During his assessment, Orellana visited South Africa in mid-2022, scrutinizing areas including air pollution, the energy sector's transition, mining activities, hazardous substance control, and waste management. The country's pledge to a healthy environment, acknowledged by the General Assembly only recently in 2022, has been underfunded for over two decades.

South Africa's environmental laws and enforcement capabilities are deemed insufficient against corporate powerhouses like Eskom and Sasol. These entities have continually received extensions and relaxations from strict emission standards under the pretense of economic progression and employment opportunities, exacerbating air pollution issues which severely impact public health and, by extension, the economy.

The control of water contamination and the maintenance of wastewater infrastructure present yet another grim reality, where ineffective oversight and inadequate investment result in a dire state of critical infrastructure. South Africa's regulatory web, divided among different departments, hampers efficient enforcement. Furthermore, existing legal frameworks are seldom equipped to counter toxic pollution convincingly, leading to unchecked violations by polluters and a "box-ticking" approach to public participation.

Mining, an economic boon, has also inflicted irreversible damages to human health and ecosystems. Those dwelling in informal settlements bear the brunt of this affliction without adequate warnings or protective measures against radioactive and toxic waste. Even following regulations, the nation struggles with the remnants of previously utilized hazardous materials, such as mercury in small-scale mining and asbestos.

Orellana notes commendable regulatory strides post his visit and ongoing efforts towards a just energy transition and a circular economy. Despite this, a national push for accountability, rigorous action against non-compliance, and serious investment in critical infrastructure are still deemed necessary for substantial change.

The rapporteur urges the government to redefine overlaps in public accountability, enforce tougher actions against recalcitrant entities, and prioritize budget allocations for environmental upkeep. He emphasizes the importance of implementing effective epidemiological studies, improving detection technologies, securing remedies and compensation for victims, and investing in workforce re-education aligned with environmentally-friendly industries.

Orellana's suggestions extend to stringent measures against corporate leniencies in emission standards, aligning air quality guidelines with WHO's benchmarks, and upgrading monitoring facilities. He advocates for protective buffers around mining operations, fortified water sources, and stringent financial requisites for mining remediation.

The recommendations also entail decisive pesticide management—banning harmful imports, monitoring aerial spraying, and training for agricultural workers. Moreover, he calls for sanitation solutions in informal settlements and incentives for recycling and waste separation practices, accentuating the welfare of waste pickers.

Collectively, the report underscores the necessity for South Africa to rectify environmental negligence and adopt comprehensive policies that will ensure the protection of human rights and a sustainable future.