Abstract
This dissertation evaluates the failure of South Africa's legal and policy frameworks to protect and empower waste pickers, despite their critical contributions to environmental sustainability and urban waste management. Waste pickers remain invisible in the law and are excluded from basic labour protections under the Basic Conditions of Employment Act (BCEA), Labour Relations Act (LRA), and National Environmental Management: Waste Act (NEMWA). The Waste Picker Integration Guideline (2020), while progressive in intent, is toothless, relying on voluntary compliance that perpetuates systemic neglect and injustice.
Drawing on international benchmarks such as the ILO's Decent Work Agenda and comparative insights from Brazil, this dissertation shows that South Africa lacks in recognising waste pickers as legitimate workers. It critiques the state's complacency in allowing these workers to endure exploitation, hazardous conditions, and economic instability. The study advocates for binding legislation, non-contributory social protection systems, gender-sensitive interventions, and mandatory partnerships with municipalities and private companies to dismantle the systemic barriers waste pickers face.
This research argues that South Africa's constitutional commitments to dignity, equality, and social justice ring hollow without including waste pickers in formal frameworks. Only through transformative legal and policy reforms can the country address this entrenched injustice and build an equitable and sustainable society.