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PARLIAMENT INTERVENES IN PLASTIC ‘WAR’

24/03/2024 16:52:00 Mfanukhona Nkambule

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MBABANE – The ‘fight’ on banning the use of plastic bags is far from over.

This is due to the fact that the Portfolio Committee on the Ministry of Tourism and Environmental Affairs has recommended that the controversial ban on plastic bag use should be brought back to Parliament for discussion. The committee, chaired by Mbabane East MP Welcome Dlamini, noted that the minister of Tourism and Environmental Affairs went ahead and gazetted the Control of Plastic Bags Regulations of 2023, in contravention of the resolution of Parliament. It must be said that the committee was not referring to the current minister. Instead, they were addressing the office of the minister, which is currently being held by Jane Simelane.

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However, the politician who caused the gazetting of the regulations was Moses Vilakati, the former Minister of Tourism and Environmental Affairs. Reads the recommendation: “The committee stands by the House resolution that the minister should bring the Plastic Regulations to the House for discussion since members had indicated that they wanted to debate them in accordance with the Section 253 of the Constitution.” The recommendation further read: “We note that the minister, despite the resolution by the House, went ahead and gazetted the regulations, which we consider to be irregular and contemptuous, hence the current problems that have seen the regulations being challenged in court by stakeholders.” The MP Welcome Dlamini-led committee should re-engage on this issue.”

As quoted by the committee, Section 253 of the Constitution of the Kingdom of Eswatini provides that an Act of Parliament may make provision conferring functions on a joint sitting of the chambers of Parliament with respect to any subordinate legislation. It is provided in the supreme law that all subordinate legislations, before commencement, shall be laid before each chamber of Parliament for a period of at least 14 days. It is provided in the supreme law that, if during the period of 14 days that legislation is not called upon for debate by motion of any member, then the legislation shall be deemed to have been approved by the chamber concerned. According to the Constitution, where the legislation is called up for debate, the legislation shall only come into force after the debate and the chamber concerned resolves to approve the legislation with or without any alterations. However, the above mentioned provisions do not apply where a chamber resolves by a two-thirds majority of all its members that it shall not be necessary for the minister concerned to place the legislation in question before the chamber for the prescribed period. The Parliament committees are established in terms of Section 129 of the Constitution of the Kingdom of Swaziland (Eswatini).

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Section 129 (5) of the Constitution provides that a committee appointed under this section shall have the powers, rights and privileges of the High Court or a Justice of the High Court at a trial for enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise, compelling the production of documents and issuing a commission or request to examine witnesses abroad. Meanwhile, in effecting the ban on the use of plastics, the Ministry of Tourism and Environmental Affairs through the Eswatini Environmental Affairs launched a campaign called “Phatsa Sakho Nawe.” Phatsa Sakho Nawe campaign encouraged shoppers to bring their own bags. It appears that the campaign is yet to produce fruits as many shops now sell the plastics to the shoppers.

Oftentimes the Eswatini Environmental Authority hastily convened meetings with stakeholders each time the 11th Parliament attempted to raise the issue. The owners of plastic companies complained that they were not given the decorum they deserved every time they had a meeting with the authority as its officials imposed the regulations on them. According to a study on waste management in Eswatini, pieces of legislations that are in place in the country, which have yielded fewer results, include the Litter Regulations of 2011, Waste Regulations of 2010 and the Environmental Management Act No. 5 of 2002.

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It is said that although these pieces of legislations do not directly address the utilisation of plastic bags (since they were not crafted to control plastic bags usage, but deal with waste management in general), less has been achieved in as far as plastic waste management is concerned. On another note, Lobamba MP Michael Masilela wanted to know whether consultations on the Control of Plastic Bag Regulations of 2021 could be held. In response, Jane Simelane, the Minister of Tourism and Environmental Affairs, said the ministry has planned consultations with all relevant stakeholders with regard to the implementation of the Control of Plastic Bag Regulations of 2021. She said they would also sensitise the legislature on progress that the ministry has made in the implementation of these regulations. The committee, however, found that the ban on the use of plastic bags remained unresolved and there was a current court case that challenged the manner in which ministry gazetted the Control of Plastic Bags Regulations. After the House of Assembly’s committee made the recommendation on taking the Control of Plastic Regulations, the Authority invited retailers to a stakeholder meeting at SibaneSami Hotel on Thursday.

In a letter dated March 15, 2024, the authority invited the retailers to the meeting. “We, hereby, invite you to a half-day meeting to brief you on the latest updates on the Control of Plastic Bags Regulations, 2021. As a key stakeholder in the retail sector, your participation and attendance is highly valuable,” reads the letter. In its annual report for the financial year 2023/2024, the Ministry of Tourism and Environmental Affairs stated that ensuring clean and safe environmental management is one of its key mandates.

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It said it carried its mandate in this regard through the authority. The ministry said the issuance of licensing and permits ensured that proprietors dealing in waste were guided and adhered to the minimum requirements for environmentally sound and sustainable management of waste. It is said that 53 waste management licence applications were received and processed during the reporting year. The ministry mentioned that it was also implementing the Control of Plastic Bags Regulations 2023. It said the legislation controlled the importation and manufacturing of plastic bags and imposed a levy on plastics at point of sale. To ensure compliance to the legislation, the ministry stated that shops in 18 towns and nodal areas were visited to raise awareness about the regulations and to encourage retailers to comply. Government said a total of 96 businesses have registered on the system and have been issued with certificates. Since the issue is before the House and court, the manufacturers of plastics reserved comments on the latest developments. But, they wondered how people outside Parliament chambers would handle the issue, questioning the legality of the meeting the authority had with retailers on Thursday.