Water and Sanitation South Africa Yearbook 2015/16 Water and Sanitation South Africa Yearbook 2015/16 441 Water and Sanitation Water and Sanitation The Department of Water and Sanitation's of water use authorisation. (DWS) legislative mandate seeks to ensure that South Africa's Constitution and Bill of Rights the country's water resources are protected, enshrine the basic human right to have access managed, used, developed, conserved and to sufficient water and a safe and healthy envi- controlled in a sustainable manner for the benefit ronment. of all people and the environment. Government fulfils these rights through the The DWS is mandated to develop a knowledge DWS, assisted by specific legislation: base and implement effective policies, • The National Water Act of 1998 ensures that procedures and integrated planning strategies South Africa's water resources are protected, both for water resources and services. used, developed, conserved, managed and This entails adhering to the requirements of controlled in a sustainable and equitable water-related policies and legislation, including manner, for the benefit of all people. constitutional requirements, that are critical in • The Water Services Act, 1997 (Act 108 of 1997), delivering on the right of access to sufficient prescribes the legislative duty of municipalities food and water, transforming the economy and as water-service authorities to provide water eradicating poverty. supply and sanitation according to national The DWS's strategic objectives are to: standards and norms. It also regulates water • ensure efficient water usage by supporting boards as important water service providers municipalities to implement water conser- and gives the executive authority and respon- vation and demand management programmes sibility to the Minister of Water and Sanitation to continuously; support and strengthen the capacity of munici- • maintain a reliable and equitable supply palities to manage their own affairs, exercise of water by developing new and updating their powers and perform their functions. existing reconciliation strategies for the water • The Water Services Act of 1997 places management areas in Richards Bay by March an obligation on the Minister to maintain a 2016, Limpopo North by March 2017, and National Water Services Information System Mahikeng by March 2018; and to monitor the performance of all water • generate information that is used to inform services institutions. decisions on programmes for water • The Water Research Act, 1971 (Act 34 of management by improving the monitoring of 1971), provides for the promotion of water- water resources, through the development related research through a Water Research of a hydrological water monitoring network Commission (WRC) and a Water Research system, to enable the review of all existing Fund. water monitoring networks by March 2017 • The National Environmental Management • ensure the protection of water resources Act (Nema), 1998 (Act 107 of 1998), makes by developing an integrated water quality provision for cooperative environmental management strategy to determine resource governance by establishing principles for quality objectives for 11 river systems by decision-making on matters affecting the March 2018. environment, institutions that promote cooperative governance and procedures Legislation for coordinating environmental functions The DWS published the draft regulations requir- exercised by organs of state. ing that the abstraction of water for irrigation • The National Water Policy is underpinned by purposes be limited, monitored, measured and three fundamental principles for managing recorded for public comment. water resources: equity, (environmental) In terms of the National Water Act, 1998 (Act sustainability and efficiency. 36 of 1998), the Minister of Water and Sanitation Sanitation provision is governed by the Strategic must publish regulations in terms of Section 26 Framework on Water Services (2003) and the of the Act, which requires that the abstraction of Water Services Act of 1997. water for irrigation of crops should be limited, All water users who do not receive their monitored, measured and recorded. water from a service provider, local authority, The regulations limit the abstraction rate, water board, irrigation board, government water prescribe procedures, give powers to authori- scheme or other bulk supplier, and who use ties and define offences. These regulations are water for irrigation, mining purposes, industrial necessary for effective monitoring and enforce- use, feedlots or in terms of general authorisation, ment of compliance to the limits and conditions have a statutory obligation to register. This South Africa Yearbook 2015/16 441 South Africa Yearbook 2015/16 442 Water and Sanitation includes the use of surface and groundwater. These included the security of water supply, Other uses that must be registered include: environmental degradation, and pollution of • diversion of rivers and streams resources. • discharge of waste or water containing waste The NWRS2 outlines the key challenges, • storage, which includes any person or body constraints and opportunities in water resource storing water for any purpose from surface management and proposes new approaches run-off, groundwater or fountain flow in excess that ensure a collective and adequate response of 10 000 m³ or where the water area at full for the benefit of all people in South Africa. supply level exceeds one hectare (ha) in total This strategy moves towards the achievement on land owned or occupied by that person or and attainment of an inclusive sustainable and body, and who is not in possession of a permit equitable economy. or permission The NWRS2 ensures that the management • local authorities and other bulk suppliers with of national water resources contributes towards their own water sources and purification works achieving South Africa's growth, development • controlled activities such as irrigating with waste, and socio-economic priorities in an equitable power generation with water, atmospheric and sustainable manner over the next five to 10 modification or recharging of aquifers. years. An assessment of the environmental require- The strategy also responds to the priorities set ments of the rivers and streams concerned is by government in the National Development Plan conducted before a licence can be issued. (NDP) and National Water Act of 1998 imperatives To promote sustainable and equitable water that support sustainable development. resource management, the department has It is centred on three key objectives: developed and continues to update a range of • Water supports development and the strategies for water management. elimination of poverty and inequality. The strategy recognises that the manner in Transformation which water was allocated in the past was In pursuance of the transformation agenda, the unequal and favoured certain sections of DWS was in mid-2016 moving towards finalising the population. The intention, therefore, is the National Water and Sanitation Bill that to redress past imbalances in the manner in will undergo parliamentary processes and be which water was allocated. published for public consultation. • Water contributes to the economy and job The objective of the Bill is to radically transform creation. the water and sanitation sector across the value • Water is protected, used, developed, con- chain and create an enabling environment served, managed and controlled in a for the delivery of basic water and sanitation sustainable and equitable manner. services to communities who were historically The NWRS2 also focuses on water conservation disadvantaged, thus enhancing access, equity and the management of water demand as key and sustainability. priorities. The department will also ensure that the establishment of the Water and Sanitation Water for Growth and Development Infrastructure Agency finds traction whilst (WfGD) pursuing the consolidation and rationalization The WfGD Framework points to the relationship of the water boards to establish wall-to-wall between the availability of water and the many water boards. The Water Use Licence regulatory forms of economic activity that depend on the framework has been revised in accordance with available supply of water of specific levels of the integrated licence approach. In addition, quality. the regulations for the metering of water for The department's position is that the country's irrigation purposes have been gazetted for public economic growth target cannot be achieved at comments and were expected to be finalised the expense of the ecological sustainability of during 2016. water resources or meeting people's needs. It wishes to respond to the needs of the Policies and strategies different economic sectors and this is best National Water Resource Strategy achieved when water supply and the impact of (NWRS) use are factored in during planning. The NWRS2 sets out the vision and strategic Rather than being an add-on or afterthought, actions for effective water management the department's position is that the need for South Africa Yearbook 2015/16 443 Water and Sanitation Water and Sanitation water has to be mainstreamed and placed at the National Groundwater Strategy nucleus of all planning decisions in the public Groundwater is a strategic resource in many and private sector. parts of South Africa, especially in rural areas. For water to support economic growth without It also plays an important role in the supply of compromising