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Department of Water Affairs and Forestry

Water governance in South Water governance in South AfricaAfrica

Barbara SchreinerBarbara SchreinerDeputy Director GeneralDeputy Director General

Department of Water Affairs and ForestryDepartment of Water Affairs and ForestrySouth AfricaSouth Africa

44thth World Water Forum, Mexico, 2006World Water Forum, Mexico, 2006

Department of Water Affairs and Forestry

ContentsContents

•• BackgroundBackground•• Legal reformLegal reform•• Institutional ReformInstitutional Reform•• Allocation reformAllocation reform•• ConclusionsConclusions

Department of Water Affairs and Forestry

BackgroundBackground

•• Apartheid South AfricaApartheid South Africa–– country ruled by white minoritycountry ruled by white minority–– black majority largely poorblack majority largely poor–– country racially segregatedcountry racially segregated–– access to water was racially determinedaccess to water was racially determined–– water legislation based on that of water rich water legislation based on that of water rich

European countriesEuropean countries–– water scarce countrywater scarce country

Department of Water Affairs and Forestry

Legal reformLegal reform……•• 1994: the miracle of the end of apartheid1994: the miracle of the end of apartheid•• 1996 1996 –– new Constitution adoptednew Constitution adopted

–– right of access to waterright of access to water–– right to environment not harmful to health or wellbeingright to environment not harmful to health or wellbeing–– justifiable and sustainable economic development justifiable and sustainable economic development

•• 1996 1996 –– White Paper on Water ServicesWhite Paper on Water Services•• 1997 1997 –– White Paper on a National Water PolicyWhite Paper on a National Water Policy•• 1996 1996 -- Water Services ActWater Services Act•• 1998 1998 -- National Water ActNational Water Act•• 2003 2003 –– Strategic Framework on Water ServicesStrategic Framework on Water Services•• 2004 2004 –– National Water Resources StrategyNational Water Resources Strategy

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National Water Act (1998)National Water Act (1998)

•• Developed through consultation Developed through consultation •• Key elements:Key elements:

–– Water for basic human needs and ecosystem Water for basic human needs and ecosystem functioning as a rightfunctioning as a right

–– Next priority to water for international purposesNext priority to water for international purposes–– Redress of past imbalances in access to waterRedress of past imbalances in access to water–– Riparian rights replaced by time bound water use Riparian rights replaced by time bound water use

authorisationsauthorisations–– Consultation with stakeholdersConsultation with stakeholders–– Water use Water use authorisationsauthorisations not tied to landnot tied to land–– Balance between use and protectionBalance between use and protection–– Establishment of Establishment of CatchmentCatchment management agenciesmanagement agencies

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Institutional reformInstitutional reform……

•• Separation of regulatory functions from Separation of regulatory functions from implementation functionsimplementation functions

•• Establishment of Establishment of CatchmentCatchment Management Management Agencies (19)Agencies (19)–– Stakeholder involvement: Stakeholder involvement:

•• Consultation in establishment processConsultation in establishment process•• Representatives on Governing BoardRepresentatives on Governing Board•• Governing Board to have race and gender balanceGoverning Board to have race and gender balance•• Consultation on Consultation on CatchmentCatchment Management Strategy etcManagement Strategy etc

–– Wide divergence of stakeholdersWide divergence of stakeholders•• Rural/urban; female/male; rich/poor; well Rural/urban; female/male; rich/poor; well

resourced/disadvantagedresourced/disadvantaged•• Proactive mechanisms to reach disadvantaged groupsProactive mechanisms to reach disadvantaged groups

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Institutional reformInstitutional reform……

•• First CMA established (First CMA established (NkomatiNkomati))–– Governing board appointedGoverning board appointed–– CEO appointedCEO appointed

•• Several more in the pipelineSeveral more in the pipeline•• Next steps:Next steps:

–– transfer of staff and filling of poststransfer of staff and filling of posts–– development of a development of a catchmentcatchment management strategymanagement strategy

•• Links to national water resources strategy and local Links to national water resources strategy and local government integrated development plansgovernment integrated development plans

•• CMAs are funded from water resource CMAs are funded from water resource management charge on raw water usersmanagement charge on raw water users

Department of Water Affairs and Forestry

Institutional reformInstitutional reform……

•• Setting up National Water Resources Setting up National Water Resources Infrastructure AgencyInfrastructure Agency–– Will develop, operate, manage and maintain Will develop, operate, manage and maintain

national water resources infrastructure national water resources infrastructure –– New projects to be funded onNew projects to be funded on--budget for social budget for social

schemes and offschemes and off--budget for economic schemesbudget for economic schemes–– New projects to be decided on by DepartmentNew projects to be decided on by Department–– Users benefiting from infrastructure pay an Users benefiting from infrastructure pay an

infrastructure charge related to the volume of infrastructure charge related to the volume of water they use and the cost of the infrastructurewater they use and the cost of the infrastructure

Department of Water Affairs and Forestry

Institutional reformInstitutional reform……

•• Local government:Local government:–– Constitutional responsibility for water supply and Constitutional responsibility for water supply and

sanitation provisionsanitation provision–– Transfer of water services schemes to local governmentTransfer of water services schemes to local government–– Serious capacity constraintsSerious capacity constraints–– Significant implications for management of water Significant implications for management of water

resourcesresources–– Project Consolidate Project Consolidate –– to build capacity of local to build capacity of local

governmentgovernment–– Need to link water services development plans with Need to link water services development plans with

catchmentcatchment management strategies and the national management strategies and the national water resource strategywater resource strategy

Department of Water Affairs and ForestryWRM WS

National

Provincial

WMA

Local

Department of Water Affairsand Forestry

Water UserAssociations

WaterBoards

WaterServices

Authorities

CatchmentManagement

Agencies

NationalWater

ResourcesInfrastructure

Agency

Integrated Development Plans and Water

Services Development Plans

Catchment management strategies

National Water Resources Strategy

Provincial Growth and Development Strategies

Institutional and planning matrixInstitutional and planning matrix

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Challenges in institutional Challenges in institutional reformreform……

•• CapacityCapacity–– shortage of skilled and experienced personnel shortage of skilled and experienced personnel

especially engineers, hydrologists, techniciansespecially engineers, hydrologists, technicians–– particular challenges particular challenges w.r.tw.r.t race and gender race and gender –– additional costs associated with new institutionsadditional costs associated with new institutions–– relationships between existing and new relationships between existing and new

institutions particularly during transitioninstitutions particularly during transition–– ImplementatingImplementating planning matrix effectivelyplanning matrix effectively

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Water allocation reformWater allocation reform……•• Majority of productive water is in hands of white Majority of productive water is in hands of white

minorityminority•• 40% of population are poor 40% of population are poor –– mainly blackmainly black•• Rural women are particularly disadvantagedRural women are particularly disadvantaged•• OverOver--allocation in some catchmentsallocation in some catchments•• Significant water quality problems in some Significant water quality problems in some

catchmentscatchments•• National Water Act allows for the redistribution of National Water Act allows for the redistribution of

water to address inequity, water to address inequity, overallocationoverallocation and and water quality problemswater quality problems

•• Currently implementing Water Allocation Reform Currently implementing Water Allocation Reform programmeprogramme (WAR)(WAR)

Department of Water Affairs and Forestry

WAR!WAR!•• Ensuring lawfulness of water useEnsuring lawfulness of water use

–– Compliance is a huge implementation challenge Compliance is a huge implementation challenge –– water water theft is not uncommontheft is not uncommon

–– Working with farmer Working with farmer organisationsorganisations to establish to establish lawfulness of water uselawfulness of water use

•• Will use a variety of methods to free up water for Will use a variety of methods to free up water for redistribution:redistribution:–– Compulsory Compulsory licencinglicencing–– Water use efficiency Water use efficiency –– Trading Trading –– egeg subsidy provided for resource poor subsidy provided for resource poor

farmers, including to buy water allocationsfarmers, including to buy water allocations–– Ensuring compliance with lawful useEnsuring compliance with lawful use

Department of Water Affairs and Forestry

WAR!WAR!

•• Will reallocate water to :Will reallocate water to :–– achieve equity (redress achieve equity (redress w.r.tw.r.t race and gender), race and gender), –– support ecosystem functioning, support ecosystem functioning, –– reduce over allocation,reduce over allocation,–– enhance water use efficiency, enhance water use efficiency, –– contribute to poverty eradicationcontribute to poverty eradication

•• Alignment with agrarian and land reform Alignment with agrarian and land reform programmesprogrammes

•• Consultation with stakeholders crucial and Consultation with stakeholders crucial and required by lawrequired by law

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Conclusions Conclusions •• Policy and legal reform is relatively easyPolicy and legal reform is relatively easy•• Implementation is where the real challenges are:Implementation is where the real challenges are:

–– Human resource capacity in developing countriesHuman resource capacity in developing countries–– Involvement of wide range of stakeholdersInvolvement of wide range of stakeholders–– Costs of reform, and financing IWRM initiatives Costs of reform, and financing IWRM initiatives

including infrastructureincluding infrastructure–– Allocation of water requires innovative processes to Allocation of water requires innovative processes to

meet local and national needsmeet local and national needs–– Particular challenge to ensure that reform is proParticular challenge to ensure that reform is pro--poorpoor

Department of Water Affairs and Forestry

“The test of our progress is not whether we add more to the abundance of those

who have much, it is whether we provide enough for those who have

little.”Franklin Roosevelt


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