ERA NPC is
- Registered as a Non Profit Company (NPC) with the Companies and Intellectual Property Commission (CIPC).
- Registered as a Product Responsibility Organisation (PRO) with the Department of Environment, Forestry and Fisheries (DEFF).
Name and Type of Organization
ERA is a non-profit company (NPC) formed in terms of the Companies Act, No. 71 of 2008. Its purpose was initially to develop and administer the WEEE IndWMP. Subsequent to the recission of the Section 28 IndWMP framework for WEEE management, ERA NPC’s purpose is now to develop a Section 18 Extended Producer Responsibility Scheme for WEEE. ERA is the shortened name for E-Waste Recycling Authority. Its function is that of a Product Responsibility Organisation (PRO).
Among the key stakeholders are the following:
- Producers (including EEE OEMs, importers, local manufacturers
- EEE Retailers and distributors
- WEEE Collectors and Recyclers
Composition of the ERA Members and Board of Directors
The founding members of ERA are the members that served on the e-Waste IndWMP Steering Committee. Membership is now open to all Producers, Recyclers and other bona fide stakeholders, with the exception of government stakeholders.
The ERA Board of Directors comprises ten office bearers of which one will be the ex-officio Managing Director. The remaining nine Director positions are made up of nominees from the following sectors:
- Producers’ Associations (importers, OEMs and manufacturers)
- Recyclers’ Associations
- Retailers’ Associations
The initial Directors of ERA were appointed by the founding members of ERA.
- Ashley du Plooy (Social and Development Entrepreneur)
- Jan Barnard (DESCO Electronic Recyclers)
- Mark Saunders (South African Domestic Appliances Association – SADA)
- Susanne Karcher (Southern African E-Waste Alliance – SAEWA)
ERA NPC is undertaking a nomination and appointment process for nine of the ten Directors during the period January to February 2021. The tenth Director is the ERA CEO who will serve on the board in an ex-officio capacity.
The Nature of ERA as a Non-Profit Company
The EPR Regulations require that PROs be Non-Profit Companies. ERA NPC believes that a non-profit is the most appropriate institutional vehicle to oversee the implementation and further development of the WEEE EPR system as it is a public interest matter dealing with the problems of the “commons”/public. An NPC’s shareholders are technically public interest groups and thus this format accommodates the multi-stakeholder nature and cooperative governance framework of the ERA WEEE EPR Scheme. Within and of itself, a Non-profit Company carries numerous safeguards against abuse and corruption. Key among these is that the assets of the company will always serve the goals of a similar organization (in the event of liquidation) and that the directors of the company may not share in the profits of the company. Directors of the company may also only be fairly remunerated for the services which they render to the company. At no stage may a director be involved in a determination or award wherefrom s/he stands to gain personally and financially. Clear safeguards against conflicts of interest and corrupt behaviour will be developed by the board of ERA.
Of particular concern is that the Directors and staff of the ERA need to ensure that no sensitive and anti-competitive trade data is disclosed, wittingly or unwittingly, to any party, where such disclosure can prejudice or be can be reasonably anticipated to prejudice that party in the market-place, or in the eyes of the public, except, insofar as such disclosure of such information may be in the public interest and it arises from the party being found guilty in a court of law of being wilfully or negligently evading their obligations as laid out in the EPR Regulations and WEEE Notice. Further measures for safeguarding against and dealing with breaches of confidentiality among the Directors and staff of ERA will be developed in due course.