Evaluation of the effectiveness of the legislative frameworks governing hazardous chemical substances transported by road in South Africa : prioritizing the people and the environment

Hazardous chemical substances (HCS) are widely used by industries as raw materials and for finished goods. Industrial growth in South Africa (SA) has resulted in the need for large shipments, especially through road transportation over distances. This has resulted in overwhelming accidents, including the spillage of consignments, fires, emissions and explosions, which have contributed to safety, health and environmental problems. Against this background, the primary aim of the study was to assess how effective the existing South African legislative frameworks were in their objective to protect the environment and human life. The study was undertaken through the multi-method approach that follows various forms of qualitative data, by sourcing data from case studies and qualitative questionnaires. Purposive and random sampling techniques were used for gathering both primary and secondary data whereas random sampling was utilised to select participants, decided cases, spillage incidents reports or newspaper articles relevant to the subject matter. The HAMPERRA Criterion method was used, and the results were compared to the internationally accepted 3 Point Likert scale. The results indicate that HAMPERRA Criterion Method fully met the reliability and accuracy criterion but partially met the efficiency criterion. These were identified in alphabets M, P and R1 of HAMPERRA. These findings suggest that while the HAMPERRA Criterion Method is reliable, it requires some improvement in terms of accuracy and efficiency. The findings of the study were that even though most of the respondents in this study indicated their awareness of the laws meant to protect human life and the environment during the transportation of hazardous chemical substances in South Africa, a significant correlation existed between certain professions and a strong understanding of the legislative frameworks that govern the transportation hazardous chemical substances. The levels of education did not show a strong positive correlation with the knowledge of legislative frameworks regulating the transportation of hazardous chemicals. The South African legislative frameworks are moderately effective in achieving justice for protecting the society and the environment. Justice is partially being achieved as infringements are penalized only in a few cases. The effectiveness of regulatory frameworks was found to be dependent on the country’s legal systems and influenced by political will and adequate policy development. The findings also revealed the limitations of the legislative frameworks such as overlapping mandates, incoherent laws, duplication, fragmentation, lack of enforcement and conflicting regulatory functions. Inadequate funding, lack of communication, lack of training, lack of integration and poor governance were identified as the key contributing factors to the implementation deficiencies. However, the study found that provisions in the Revised White Paper on National Transport Policy (2021) offer some prospects that may address some of the limitations within the reviewed legislative frameworks. The study emphasises the need to impose stricter government regulations to control the transportation of dangerous goods and HCS to reduce the potential disasters occurring and to place effective measures in dealing with incidents. It further points out intergovernmental matters, joint responsibilities with various other governments, concurrent functions and the need for the devolution of powers. Further recommendations include the idea that training should be enforced to meet the legislative requirements of Chapter V and Chapter VIII of the National Road Traffic Act, Act 93 of 1996 and the relevant National Standards.

D. Phil. (Environmental Management)

Environmental Sciences