Sindh High Court moved against centralised solid waste management system

KARACHI: Jamaat-i-Islami’s opposition representatives in Karachi’s local government system have approached the Sindh High Court (SHC) against the Sindh Solid Waste Management Board (SSWMB) Act, seeking the transfer of solid waste management powers and funds to town municipal corporations (TMCs) and union committees (UCs).

According to the petition, nine TMC chairmen belonging to the JI and the leader of the opposition in the City Council filed the case on Wednesday, making the local government secretary, the SSWMB and the Karachi mayor respondents.

The petitioners argued that waste management falls within the exclusive domain of local governments and said sanitation, waste removal, and the collection and disposal of refuse are listed in the relevant law as compulsory functions of TMCs and UCs.

They submitted that the Sindh government set up the SSWMB through legislation in 2014, but contended that the law and its operational structure had effectively displaced the role of local governments and were inconsistent with the constitutional scheme and the spirit of the local government system.

Constitutional challenge

The petitioners asked the court to declare that the SSWMB Act contravenes Article 140-A of the Constitution. They maintained that Article 140-A places a mandatory obligation on provincial governments to devolve political, administrative and financial authority and responsibility to elected local governments.

They argued that by assigning exclusive control of a key municipal function — solid waste management — to a provincial or divisional body, and by taking away compulsory statutory functions from elected town administrations and UCs, the law conflicts with Article 140-A.

Referring to a 2022 Supreme Court judgement that struck down Sections 74 and 75 of the Sindh Local Government Act, 2013, the petitioners maintained that the provincial government cannot undertake any project or function that falls within the jurisdiction of local governments.

Objections to current system

In their plea, the petitioners said the SSWMB currently operates at the provincial or divisional level and contracts out waste management work to private companies. They said these firms are responsible for door-to-door collection, street sweeping, transporting garbage to transfer stations and then moving it onward to landfill sites.

However, they contended that UCs and TMCs, which they described as the primary grassroots institutions of governance, had been entirely left out of the process. They also alleged that the performance of the private companies hired by the board had been grossly unsatisfactory.

The petition further stated that in many cases, these companies pass on their work to smaller subcontractors, who, according to the petitioners, employ unskilled and untrained labourers, including children, women and elderly persons, often on meagre daily wages.

The petitioners also argued that because of what they described as poor and inadequate performance by private companies, there was a strong and reasonable presumption of financial impropriety and corruption in the system, while residents continued to face serious hardship as garbage was not collected regularly from homes and streets and public spaces were not properly cleaned.

Relief sought from court

The petition said garbage transfer stations, originally intended as temporary holding points, had in practice turned into permanent open-air dumping sites in residential neighbourhoods, creating serious public health risks.

The failure of the existing system had left streets and public roads uncleared for long periods, while the build-up of dust and particulate matter was worsened by vehicular traffic, which continuously spread pollutants and further affected air quality in the city.

The petitioners requested the SHC to direct the respondents to immediately transfer all waste management functions, funds, resources, machinery and personnel to the relevant town and UC administrations. They also asked that the role of the SSWMB be limited to handling waste disposal operations at landfill sites outside city limits.

They further sought interim directions so that, until suitable legislative amendments are made, all waste management operations — including door-to-door collection, street sweeping and transportation of waste to landfill sites — are carried out under the direct supervision, monitoring and control of TMCs and UCs.