The South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC), a Centre of the University of Johannesburg (UJ), hosted its first webinar of the year on 25 February 2026, titled “Evaluating the Case for a Global Plastic Treaty and South African Legal Response to Plastic Pollution.”
Welcoming participants from across the globe, moderator Dr Tracey Kanhanga set the tone for the discussion, expressing appreciation for the platform created to foster knowledge-sharing.
In her opening remarks, Dr Kanhanga highlighted the visible and invisible dimensions of plastic pollution. “As we all know, plastic pollution cloaking our oceans and rivers and landscape is highly visible,” she noted. “All of us have plastic bottles, plastic cutlery, plastic bags and everything like that.” However, she stressed that the less visible impacts may be even more concerning. “Less visible, however, is the growing threat to the right to life and the right to health. Scientists warn that microplastics are entering our food and even entering our body systems.”
Dr Kanhanga emphasised that plastics are deeply embedded in modern life, from single-use packaging to essential medical supplies, yet “this convenience comes at a very high toxic cost, posing risks to human health, the climate system itself, and the environment.”
She further reflected on global developments, noting that in 2022 “a historic resolution was adopted to develop an international legally binding instrument on plastic pollution, including the marine environment,” signalling a shift toward coordinated global action.
A key focus of the seminar was the future of the proposed Global Plastic Treaty and the political realities surrounding its adoption.
Mr Samuel Winton, Postgraduate Researcher at the University of Portsmouth, addressed the complexities of treaty negotiations and decision-making processes. “We need to get past this mental block that we have around the possibility of voting,” he argued. “It is hard to foresee a successful treaty without voting being used.”
While acknowledging that this approach may result in fewer ratifications, he suggested that strategic alignment among key economic blocs could still yield meaningful impact. “If you can get to a point where, for example, China will agree, you actually have a really significant part of the global market,” he explained. “The Middle East won’t be there, the US won’t be there, but you still have really significant market impacts.”
His remarks underscored the tension between universality and effectiveness in multilateral environmental agreements.
Prof Hennie Strydom, Research Professor at the UJ, addressed questions relating to compliance mechanisms within environmental treaties. “The issue about having compliance mechanisms and measures in multilateral environmental treaties is the practice of the last 50 years,” he noted. “So, it is not something that is new… It has been used and there are ways and means of doing that.”
However, he cautioned that weak ratification and enforcement mechanisms often undermine treaty effectiveness. “The treaty as it exists is a good sort of instrument, but it is watered down constantly by the lack of ratifications or weak enforcement mechanisms.”
Reflecting from an African states’ perspective, Prof Strydom expressed measured concern about the trajectory of the proposed global instrument. “I just hope that we will not go the same route with this global treaty because then it may end up as mainly a waste management treaty and that is not what we seek. We are seeking much more than that.” While affirming his support for a binding instrument, he added, “I’m all in favour of the treaty, but I’m looking at it from the African states’ point of view. I’m a little bit skeptical about their reaction when we go that route… Maybe I will be proven wrong, and I hope so.”
The seminar also examined South Africa’s domestic legal framework, including the National Environmental Management: Waste Act 59 of 2008 (NEMWA) and the Extended Producer Responsibility (EPR) Regulations introduced in 2021. Discussions highlighted progress made through regulatory reforms, including requirements for increased recycled content in plastic carrier bags, while acknowledging ongoing implementation and enforcement challenges, particularly in coastal and marine environments.
The seminar reinforced that plastic pollution is not merely a waste management issue, but a complex legal, environmental, economic and human rights challenge requiring both global cooperation and strengthened domestic accountability.
As negotiations toward a Global Plastic Treaty continue to evolve, the dialogue underscored the importance of ensuring that any future instrument is robust, enforceable, and responsive to the realities of both developed and developing states.
