Water and Sanitation Policy Framework within Regulation

1. POLICY FRAMEWORK WITHIN REGULATION Presented by: Ms. M Brisley Designation: CD: Water Policy Date: 13 May 2015 PRESENTATION TITLE Presented by: Name Surname Directorate Date

2. Presentation outline • Introduction • Constitutional obligation • Principles guiding water and sanitation policy formulation • Water and sanitation policy framework • Key policy issues • Current policy challenges • Recent developments • Status on water and sanitation policy and legislation • Implications of the review of current water and sanitation policy and legislation • Way forward

3. Introduction • Separation of Water and Sanitation functions 5 years ago • Lessons learnt on what have worked or not • Accelerate the implementation of policy • Determine the interim services • Need for integration of all policies for Water and Sanitation • Highlight linkages between Water and Sanitation

4. Constitutional obligation • S10 - “everyone has inherent dignity and the right to have their dignity respected and protected.” • Clear cross over between dignity and sanitation • S24 (a) -“everyone has a right to an environment that is not harmful to their health or well-being” • S27 (1)(b) - “everyone has the right to have access to sufficient water” • 27(2) obliges the state to “take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation” of everyone’s right of access to sufficient water.

5. Principles guiding water and sanitation policy formulation • Equity • Efficiency • Sustainability • Transformation and good governance in water resource management and regulation • Water for Economic and Social development • Climate change

6. Water and Sanitation Policy Framework A number of progressive water and sanitation policies and strategies have been developed since 1994, namely: • White Paper on Water Supply and sanitation(1994) • White Paper on National Water Policy (1997) • White Paper on Basic Household Sanitation (2001) • The Strategic Framework for Water Services (2003) • Water Policy Positions (2014)

7. Key Policy Issues White Paper on Water Supply and Sanitation (1994) • Framework for ensuring equitable access to water supply and sanitation services • Formulated on the premises of the Reconstruction and Development Programme (RDP) • Defined adequate sanitation • Primary principle is that water services development should be “demand driven” • The key issue was the absence of a coherent policy for water supply and sanitation services

8. Key Policy Issues White Paper on National Water Policy (1997) • This White Paper was the product of two years of hard work and wide consultation. • The first outcome was the production of the Fundamental Principles and Objectives for a New Water Law in South Africa which were approved by the Cabinet in November 1996. • A National Water Bill was drafted on the basis of this White Paper, that was tabled in Parliament during the course of 1997.

9. Policy principles • The status of the nation’s water resources as an indivisible national asset will be confirmed and formalised. • National Government will act as the custodian of the nation’s water resources and its approaches. • Powers in this regard will be exercised as a public trust

10. All water in the water cycle whether on land, underground or in surface channels, falling on, flowing through or infiltrating between such systems, will be treated as part of the common resource and to the extent required to meet the broad objectives of water resource management, will be subject to common use principles

11. Only water required to meet basic human needs and maintain environmental sustainability will be guaranteed as a right. This will be known as the Reserve. • In shared river basins, Government will be empowered to give priority over other uses to ensure that the legitimate requirements of neighbouring countries can be met. • All other water uses will be recognised only if they are beneficial in the public interest.

12. These other water uses will be subject to a system of allocation that promotes use which is optimal for the achievement of equitable and sustainable economic and social development. • The new system of allocation will take into consideration the investments made by the user in infrastructure for water use. • The new system of allocation will be implemented in a phased manner, beginning in these water management areas.

13. All water use, wherever in the water cycle it occurs, will be subject to a resource conservation charge where there are competing beneficial uses or where such use significantly affects other users. • The use of rivers and other water resources to dispose of wastes will also be made subject to a catchment management charge which will cover actual costs, and a resource conservation charge where there are competing beneficial uses for such use and/or such use significantly affects other users. • To promote equitable access to water for disadvantaged groups for productive purposes such as agriculture, some or all of these charges may be waived for a determined period where this is necessary for them to be able to begin to use the resource.

14. To promote equitable access to water for basic human needs, provision will also be made for some or all of these charges to be waived. • All major water user sectors must develop a water use, conservation and protection policy, and regulations will be introduced to ensure compliance with the policy in key areas. • In the long-term, since water does not recognise political boundaries whether national or international, its management will be carried out in regional or catchment water management areas (which will coincide either with natural river catchments, groups of catchments, sub-catchments or areas with linked supply systems with common socio-economic interests)recognising that conflicting interests will intensify the need for national management and supervision and that the policy of subsidiarity does not interfere with the need for a national and international perspective on water use. • Provision will be made for the phased establishment of catchment management agencies, subject to national authority, to undertake water resource management in

15. Provision may be made to allow for the functions of the development and operation of the national water infrastructure which links regional catchments and systems, to be transferred to a public utility established for that purpose. • System of allocation will use water pricing, limited term allocations and other administrative mechanisms to bring supply and demand into balance in a manner which is beneficial in the public interest.

16. The riparian system of allocation, in which the right to use water is tied to the ownership of land along rivers, will effectively be abolished. • Water use allocations will not be permanent, but will be given for a reasonable period, and provision will be made to enable the transfer or trade of these rights between users, with Ministerial consent. • To promote the efficient use of water, the policy will be to charge users for the full financial costs of providing access to water, including infrastructure development and catchment management activities. This will be done on an equitable basis and according to the realistic reasonable programme which has already been begun.

17. Key Policy Issues White Paper on Basic Household Sanitation (2001) • Sets out the framework for the provision of sustainable sanitation, particularly to those households who have not had adequate sanitation services in the past • It focuses on the provision of a level of basic household sanitation to communities in low density rural areas, and in informal settlements, which it identified as the areas with the greatest need • On adoption, Cabinet resolved that a dedicated unit to ensure delivery of basic sanitation services in an aligned manner should be formed • This led to the establishment of a National Sanitation Programme Unit within the then DWAF

18. Key Policy Issues The Strategic Framework for Water Services (2003) • National umbrella framework for the WS sector, setting targets for access to water supply and sanitation services • It provides a comprehensive review of policies, legislation and strategies with respect to the provision of water services, seeking to align them and outline the changes in approach needed to achieve policy goals. • The Strategic Framework outlines the roles and responsibilities for Water Services Authorities (WSAs) and Water Services Providers (WSPs) and different government departments, as well as other stakeholders. • It specifically sets out the future role of the national department as the national water sector regulator

19. Key Policy Issues Water Policy Positions (2013) • 12 policy positions were initiated sought to redress the imbalances as published in the government gazette on 30 August 2013. • They sought to address oversight and gaps in the current water policy and their unintended consequences, and redress the water distribution in the country with Equity as the main principle. • They further emphasize a need to conduct a comprehensive review of the four policy documents which currently underpin the water legislation and to consolidate these into one streamlined water policy document. • Policies which need to be reviewed and consolidated are the White Paper on Water Supply and Sanitation (1994), White Paper on a National Water Policy for South Africa (1997), White Paper on Basic Household Sanitation (2001) and the Strategic Framework for Water Services (2003). • In addition, a few policy issues require further investigation before any new policy position, or amendment to a policy position, can be recommended.

20. Current Policy Challenges Sanitation • March 2011 - the NSP in the DHS published a draft conceptual framework for a new national sanitation policy, proposing a revised policy framework to the 2001 White Paper on Basic Household Sanitation • According to many municipal officials, this White Paper was formulated without adequate consultation and does not address their needs adequately or acknowledge the role of current municipal institutions • Further, the 2001 White Paper has a largely rural focus • The revision document states, there is a need to reconcile changes and challenges that have occurred in the sanitation landscape over the past ten years, and to give conceptual and practical direction to municipalities going forward.

21. Current Policy Challenges Water • There are a lot of pieces of policies that guide water and supply service delivery • A gap in water service delivery is not bridged yet, the Department needs to work much on improving the lives of the communities thus the 12 Policy Positions were developed in order to overcome the identified gaps • A bottom up approach is highly needed when a plan to deliver water services is initiated in order to create that element of responsibility to community

22. Recent developments • National Water Policy Positions approved in 2013 (only focused on 12 key positions to augment existing policies ) • National Water Amendment Act, 2014 provides for an alignment and integration of the process for consideration of water use licences • Alignment with National Environmental Laws Amendment Act, 2014. • It provides for the concurrence between the Minister responsible for water, the Minister responsible for mineral resources and the Minister responsible for environmental affairs when amending provisions of the Agreement related to prospecting, exploration, mining or production activities

23. Operational policies • Mine water management • Hydropower • Bio-fuels • Private sector involvement/water stewardship • Financial support for rural development

24. Current status on water and sanitation policy and legislation • 1996 – 2014 overall water & sanitation policy assessment underway by the Department for gap analysis • Review of Sanitation Policy is in progress. New Sanitation policies are at the discussion stage • Integration of all water and sanitation policy documents into one integrated water and sanitation policy framework • The approved water and sanitation policies will subsequently results to the development of Water and Sanitation Bill

25. Implications of the review of current water and sanitation policy and legislation • Streamlined and aligned water policy and legislation that is easier to implement • Roles and responsibilities will be clearly defined • Enhanced performance through increased understanding of policy and legislation • More equity and re-allocation goals achieved due to corrective amendment of the legislation • Proactive response to service delivery issues • Guidelines for proper implementation • Regulatory framework • Targeted support (CMA and RWU)

26. Way Forward • There is still a back log in water and sanitation supply, a national government has to work parallel with local government in identifying the community needs through the use of statistics and amend the legislation accordingly to respond to emanating challenges in implementation • A bottom up approach of consultations on regular basis with stakeholders must be in place to ensure demand responsive policies and legislation • Road Map for law reforms

27. THANK YOU