5.1.1(1)
The state is comprised of three spheres of government, namely national, provincial and local government, and organs of state, including parastatals and agencies, the executive and the legislature.  The three distinct roles of the state are:

  • Policy making functions that encompass the establishment of norms, standards and targets, the system of planning for service expansion and improvement, as well as coordination and policy development activities.
  • Regulation, which includes the preparation of regulations, listing and licensing of waste management activities, compliance and enforcement, and declaration of priority wastes.
  • Waste service delivery, including the collection, transport and disposal of domestic waste, which is a municipal function.

5.1.1(2)
As a principle of good governance, there should be separation of the regulatory role, particularly in terms compliance monitoring and enforcement, from the policy-making and service-provision roles. This is particularly important in instances where a department is responsible both for the delivery of waste management services and the overall regulation of the waste management sector.

5.1.1(3)
The application of norms and standards, and the regulation of waste management activities, needs to be applied across both public and private sector providers equitably. Without clear role separation, it will not be possible to ensure unfettered and meaningful regulation of waste management activities.