Water law of south africa

05/01/2023 1

Water Law in South Africa

By :

School of Water Resources, IIT Kharagpur

Manas Ranjan Panda16WM60R04M Tech(Water Engineering and Management)

Manas Ranjan Panda,School of Water Resources

05/01/2023 Manas Ranjan Panda,School of Water Resources

2

Contents

Introduction

History

Salient Features

Conflicts

Comparison with Indian Policy

Conclusion


3

INTRODUCTION: OVERVIEW OF THE NATIONAL WATER ACT

Why is the National Water Act important?

The National Water Act is important because it will put in place those things contained in the South African Constitution that are about water.


4

INTRODUCTION: OVERVIEW OF THE NATIONAL WATER ACT

What are water resources?


5

Introduction: Overview of the National Water Act

What is the difference between the National Water Act and the Water Services Act?


6

• Why the name National Water Act, 1998?

Introduction: Overview of the National Water Act

‘National’ means that it applies to the whole country. An ‘Act’ is a law passed by Parliament. The National Water Act is thus a law about water, which applies to the whole of South Africa. It was approved by Parliament in 1998.Benefits:1. Water belongs to all people2. Participation3. Water resources protected and managed as a whole4. Sustainable use for the benefit of all


7

History

Water Law Cases:Water courts were established by colonial legislation; were consolidated in the Irrigation Act, 1912; and were abolished by the National Water Act, 1998. From 1912 to 1969 many water court cases were reported in South Africa, but these reports have been out of print for many years. Other cases on water law are scattered in the general law reports.

In 2004, Advocate Maritza UYS collected and edited the 1970-98 water court cases and other supreme court cases on water law, under the title Water Law of South Africa 1970-98 (WRC Project No K8/544).

In 2006 she collected and edited the 1912-69 water court cases and other supreme court cases on water law under the title Water Law of South Africa 1912-69 (WRC Project No K8/622).http://code-spot.co.za/test_fj/1/hello-world/


8

History

Water Law Legislation:

• Part 2 of Water Law of South Africa 1912-98 contains the original texts of the two general water Acts which were current during the period, namely the Irrigation and Conservation of Waters Act 1912 (Act 8 of 1912), and the Water Act 1956 (Act 54 of 1956). The 1956 Act repealed the 1912 Act and the 1956 Act was in turn repealed by the National Water Act 1998 (Act 36 of 1998).

• Part 2 also includes the texts of the Acts which amended the 1912 and 1956 Acts, and the main Regulations issued under those Acts.

• From these texts, one can therefore reconstruct any provision in the Act and regulations as it was at any date in the past.


9

History

Water Law Literature:

• It has been many decades since any publication was devoted exclusively to South African water law. Water law literature is now to be found only in general publications or as articles on selected topics in law journals.

• Therefore Part 3 of this work lists the South African water law works published from 1912 to 1998, and also other water law works noted in water law cases.


10

History

Water Services Act 1997 In 1994 the government published its first White Paper on

Water and Sanitation Policy, which led to the Water Services Act of 1997

Free basic water policy (2001) Durban was the first South African city to introduce a policy of

free basic water in 1998. After Thabo Mbeki became President of South Africa in 1999 and a cholera outbreak occurred in 2000, the African National Congress promised free basic water during a municipal election campaign in December 2000.

https://en.wikipedia.org/wiki/African_National_Congress


11

History

Management contract for Johannesburg and pre-paid meters

Participation with private sector since 1994 5 year management contract First introduced in Johannesburg Not renewed after 2005

Basic Sanitation White Paper (2001) In response to the fact that access to sanitation lags significantly

behind access to water, the government published its White Paper on Basic Household Sanitation in 2001.


12

History: Water Crisis

05/01/2023 13

Salient Features

There are 17 Chapters in the National Water Act

Manas Ranjan Panda,School of Water Resources


14

Salient Features



15

Salient Features



16

Salient FeaturesPurpose and principles of the national water act

Who is responsible for the nation’s water resources?1. National government acting through the Minister of Water Affairs and Forestry is

the public trustee of the nation’s water resources.2. National government through the Department of Water Affairs and Forestry

(DWAF) must ensure that water is protected, used, developed, conserved, managed and controlled in a sustainable and equitable manner for the benefit of all persons.

3. The Minister is responsible to ensure that water is allocated equitably (fairly) and used beneficially in the public interest (especially towards those who have not benefited in the past), while also protecting the environment.


17

Salient Features

Water Management Strategies:


18

Salient Features

Catchment Management Strategies: In its National Water Resource

Strategy, national government has divided the whole country into 19 water management areas. The National Water Act requires that a strategy is developed for each water management area (WMA). This strategy manages the water resources in the water management area and is called a catchment management strategy(CMS).


19

Salient Features

• Protecting The Water Resource: Government is faced with

the challenge of protecting water resources on the one hand and the need to utilise water for social and economic development on the other hand. The National Water Act provides decision-making tools to achieve a balance between protecting and utilising water resources.


20

Salient Features


21

Salient Features Water Resources Management:

Who sets the Reserve? The Minister of Water Affairs and Forestry must set the Reserve. The Reserve is determined for every significant water resource or part thereof.


22

Salient FeaturesWater Use:

What does water use mean?1. Taking water from a water

resource (abstraction)2. Storing water3. Activities which reduce

stream flow (for example commercial forestry)

4. Discharging waste or water containing

5. Waste into a water resource6. Removing underground

water7. Using water for recreational

purposes.


23

Salient FeaturesWater Users:


24

Salient Features

Paying For Water: The pricing strategy is established by a notice in the Government

Gazette. It is the overall strategy to set water use charges to fund the following:Water resource management which is all the activities to monitor, allocate, control, protect and conserve water resources. Water resource development which is all the activities and associated costs to plan, design, construct, operate and maintain water works. Use of water works which is the costs of distributing water. In addition, charges can be set for.The achievement of equitable and efficient allocation of water.


25

Salient Features

Powers of National Government:The Minister : The general powers and duties of the Minister addressed in the Act include items such as:

1. The power to delegate2. The power to expropriate (purchase) property 3. Requirements that need to be met when making regulations 4. Fulfilling the functions of a catchment management5. Agency where no catchment management agency has been established 6. Assigning powers and duties to catchment management agencies.

The Department of Water Affairs and Forestry: At present the Department of Water Affairs and Forestry is responsible for

administering all aspects of the Act on the Minister's behalf. As CMAs and other regional and local water management institutions are established the Department will over time delegate or assign water resource management responsibilities to these institutions.


26

Salient Features Water User Associations (WUAs):

A water user association is a statutory body established by the Minister. It is a grouping of water users who wish to work together because of a common interest.Purpose of A WUA:

The purpose of a WUA is to enable water users to cooperate and pool their resources (financial, human resources and expertise) to more effectively carry out water-related activities.Functions of a WUA:

• To prevent water from any water resource being wasted• To protect water resources• To prevent any unlawful water use or acts that negatively impact on the water

resource• To generally supervise the water resources• To regulate the flow of any watercourse• To investigate water quality and water use• To construct and operate and maintain waterworks for draining land or supplying

water.


27

Conflicts• Disputed territorial and other ancillary (water-

related) rights along the lower Orange River (Namibia and South Africa)


28

Conflicts As Drought Grips South Africa, A Conflict Over Water

and Coal:

The drought, the most extreme in South Africa since the start of the 20th century, shattered the fragile equilibrium between the agricultural and coal sectors. Pitched street clashes between farmers and police, who back the coal interests, have broken out south of Musina, where Coal Africa proposes to build a $406 million mine in an area where some of the country’s most productive vegetable farms operate. The mine would consume 1 million gallons of water a day, according to company disclosures. Both the mine and neighbouring irrigated farms are dependent on the Nzhelele River, which has dwindled to a shallow stream.


29


Principles Legal aspects of Water South Africa(National

Water Act, approved in

1998)

India

Principle 1: Water law is consistent with the constitution (and supports the Bill of

Rights)

yes yes

Principle 2: Water = a resource for all yes yes

Principle 3: Water is a public good yes yesPrinciple 4: No riparian principle yes yes


30


Principles Legal aspects of Water South Africa(National

Water Act, approved in

1998)

India

Principle 5: Catchment is the administrative and management unit

yes yes

Principle 6: Water management for sustainable, social and economic benefits of the

society

yes yes

Principle 7: Access for All yes yes


31

Conclusion

Water law and water right plays a vital role in management

of water in a country.

It helps the poorest of poor people to fight for their right.

It also controls the riparian water flows and its management

at regional, national and international level.

It maintains sustainable development of water management

at social, economical and ecological point of view.


32

Date post:	16-Jan-2017
Category:	Economy & Finance
Upload:	manas-panda
View:	90 times
Download:	2 times

Water law of south africa

Economy & Finance