ERA NPC / PRO Structure

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 Environmental Affairs (DEA)

Name and Type of Organization

ERA is a non-profit company (NPC) formed in terms of the Companies Act, No. 71 of 2008 to administer the E-Waste IndWMP.  ERA is the shortened name for E-Waste Recycling Authority.  Its function is that of a Product Responsibility Organisation (PRO).[1]

The choice of “Product Responsibility” is a departure from the global Extended Producer Responsibility (EPR) concept of “Producer Responsibility” and is made deliberately to reflect the inclusion of a wide range of stakeholders in the E-Waste management system. Among the key stakeholders are the following:

  • Producers (including EEE OEMs, importers, local manufacturers
  • EEE Retailers and distributors
  • E-Waste collectors
  • E- Waste refurbishers, dismantlers and recyclers
  • E- Waste processors
  • E- Waste consumers
  • E- Waste disposal facilities
  • The SA government

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 two nominees from the following sectors:

  • Producers’ Associations (importers, OEMs and manufacturers)
  • Recyclers’ Associations
  • Retailers’ Associations
  • The remaining 3 office bearers will be nominated from among community enterprise interests, as well as expertise from the legal, financial or academic fields.

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)

The initial Directors of ERA will serve for a period of 2 years, and thereafter ERA will revert to an annual election of office bearers as provided for in the ERA Memorandum of Incorporation.

All Directors, save for the CEO of ERA, who is appointed on a fixed term contract, will be eligible for re-election at each and every elective AGM held by ERA.

There will be no permanent Directors by virtue of them being founder members of ERA.

The Nature of ERA as a Non-Profit Company

The choice of a Non-Profit Company as the institutional vehicle to oversee the implementation and further development of the E-Waste IndWMP is deemed to be the most appropriate organizational format as the E-Waste IndWMP is a public interest Plan 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 Plan. 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 willfully or negligently evading their obligations as a subscriber to the IndWMP. Further measures for safeguarding against and dealing with breaches of confidentiality among the Directors and staff of ERA will be developed in due course.