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INTRODUCTION TO WATER RESOURCES MANAGEMENT

INTRODUCTION TO WATER RESOURCES MANAGEMENT. MANDATE FOR WATER RESOURCE MANAGEMENT IN SOUTH AFRICA. MODULE OUTLINE. Water resource management and the law Constitutional mandate governing water Structure of Government

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INTRODUCTION TO WATER RESOURCES MANAGEMENT

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  1. INTRODUCTION TO WATER RESOURCES MANAGEMENT MANDATE FOR WATER RESOURCE MANAGEMENT IN SOUTH AFRICA

  2. MODULE OUTLINE • Water resource management and the law • Constitutional mandate governing water • Structure of Government • Linkages with National Development Plan and other governmental planning agencies • International obligations, shared watercourses and co-operation mechanisms

  3. MANDATE FOR WATER RESOURCE MANAGMENT WATER RESOURCE MANAGEMENT AND THE LAW

  4. WATER RESOURCE MANAGEMENT AND THE LAW • Water is needed • by people, plants and animals to survive • health, religious and spiritual purposes • for social and economical development • to create opportunities, jobs and for recreation • Only if water resources are protected, used, developed conserved, managed and controlled in a sustainable manner could water in the long-term be available for these purposes and provided in an environmentally sustainable manner

  5. WATER RESOURCE MANAGEMENT AND THE LAW/cont • The water problem is one of conflict between • different uses and users in or between catchments • present and future generations • application of human and capital resources for water resource development relative to other investments • economic prosperity and preservation of ecosystems • These conflicts should be reconciled by implementing reasonable approved policies, strategies, plans and measures by all three spheres of government and giving effect to it by applying the law and other measures • Water should be used in the best public interest on a sustainable, equitable and efficient manner

  6. WATER RESOURCE MANAGEMENT AND THE LAW/cont • Government should formulate policy • Effect should be given by securing and enacting legislation • Process of implementing and administering the policy is done by developing strategies and programme • The legislation and other measures are then applied to the strategies and measures • Legislation has been promulgated

  7. WATER RESOURCE MANAGEMENT AND THE LAW/cont • Effective water management consists of • water resource management • provisions of water services • These concepts are distinguishable but should not be separated

  8. WATER RESOURCE MANAGEMENT AND THE LAW/cont • Legislation dealing with “water management” • Constitution of the Republic of South Africa • Spatial Planning and Land Use Management Act • National Disaster Management Act • Public Finance Management Act • Divisions of Revenue Acts • Promotion of Administrative Justice Act • Promotion of Access to Information Act

  9. WATER RESOURCE MANAGEMENT AND THE LAW/cont • Legislation dealing with “water resource management” • National Water Act • National Environmental Management Act • Mineral and Petroleum Resources Development Act • Conservation of Agricultural Resources Act • National Environmental Management: Air Quality Act • National Environmental Management: Biodiversity Act • National Environmental Management: Waste Act • National Environmental Management: Integrated Coastal Management Act • National Environmental Management: Protected Areas Act

  10. WATER RESOURCE MANAGEMENT AND THE LAW/cont • Legislation dealing with “provisions of water services” • Water Services Act • Local Government: Municipal Structures Act • Local Government: Municipal Systems Act • Local Government: Municipal Demarcation Act • Local Government: Municipal Finance Management Act

  11. MANDATE FOR WATER RESOURCE MANAGMENT CONSTITUTIONAL MANDATE GOVERNING WATER

  12. CONSTITUTIONAL MANDATE GOVERNING WATER CONTENT • Fundamental rights that form the basis of the constitutional mandate • Environmental protection • Environment should not be harmful • Environment should be protected when water resources are developed and used • Measures to achieve water reform • Access to sufficient water

  13. CONSTITUTIONAL MANDATE GOVERNING WATER ENVIRONMENTAL PROTECTION

  14. ENVIRONMENTAL PROTECTION • Everyone has the right to an environment that is not harmful to their health and well-being • Everyone has the right to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that • prevent pollution and ecological degradation • promote conservation, and • secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development

  15. ENVIRONMENTAL PROTECTION/cont • It is an individual and justiciable right • The right is negatively phrased: “not harmful”, so there is a minimum standard to be met • The conduct of the State, individual or an organisation may be challenged • State (all three spheres) must take not only legislative measures, but also other measures: Policies, strategies, plans, resources (i.e. financial and manpower), training, empowerment, political will, etc

  16. ENVIRONMENTAL PROTECTION/cont • Well beyond the interest of the present generation • for the present and future generations • sustainable development, allows renewable resources to re-accrue, sustain human, plant and animal live over the longest possible period • economic and social development • Health and well-being: caused by water pollution • Well-being: aesthetic reasons, conservation of the aquatic ecosystems and riparian habitats

  17. CONSTITUTIONAL MANDATE GOVERNING WATER MEASURES TO ACHEIVE WATER REFORM

  18. WATER REFORM • Nation’s commitment to reform to bring about equitable access to all the natural resources (including water) • The State is not impeded to effect water reform by taking legislative and other measures in order to redress the results of past racial discrimination • NWA includes also gender • Poor? • Is there a duty on the State to do water reform? • Giving effect to social economical fundamental rights • Protection of property (includes an entitlement to water) • Balance should be struck between holders of entitlements and the interest of the general public

  19. CONSTITUTIONAL MANDATE GOVERNING WATER ACCESS TO SUFFICIENT WATER

  20. ACCESS TO SUFFICIENT WATER • Everyone has the right to have access to sufficient water • The State must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right • Access to sufficient water is not a self-standing and independent from the obligation from the State to provide access to water

  21. ACCESS TO SUFFICIENT WATER/cont • Everyone has a right to have access to sufficient water • It is “access to water” and not a “right to water” • It is not the provision of water in all households, but at least access by all to a long-term sustainable provision of water system • It includes quantity, quality and assurance of supply • It is physical as well as economical access

  22. ACCESS TO SUFFICIENT WATER/cont • Everyone has a right to have access to sufficient water/cont • It must be adequate for human dignity • For what reason • life, health, hygiene, aesthetic, pleasurable, convenient, kitchen gardens? • productive and commercial development? • Free water: How much, for what reason and to whom? • From what water resource should it be provided? • Education: water is scarce and has a cost to supply • How much is sufficient, depends on each case

  23. ACCESS TO SUFFICIENT WATER/cont • Everyone has a right to have access to sufficient water/cont • A typical water menu • Drinking requirement for loss trough bodily functions: 3 to 5 l/c/d • Washing of body: 5 to 15 l/c/d • Washing of clothes: ? • Sanitation: 15 to 20 l/c/d for waterborne sanitation • Preparation of food: 10 l/c/d • Washing of dishes: ? • Sickness like HIV/AIDS: ? • Other • This menu does not include reuse of water • May increase over time, why?

  24. ACCESS TO SUFFICIENT WATER/cont • The State must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right • Legislation on its own is not good enough • Reasonable policies, strategies and plans in concept and implementation • Wide range of measures in concept and implementation • considerable margin of discretion • reasonable (reason-giving): not whether more desirable measures or money could have been spent better, if challenged • not necessary convinced about wisdom of choice, if challenged

  25. ACCESS TO SUFFICIENT WATER/cont • The State must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right/cont • All three spheres of government should be involved • All levels of government must ensure that their programmes are reasonably and appropriated implemented • Every step at every level must be consistent with the constitutional obligation to take reasonable measures • How should effect be given to this?

  26. ACCESS TO SUFFICIENT WATER/cont • The State must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right/cont • Principles of co-operative government, each level must accept responsibility for a particular part of the programme • National government must ensure that the laws, policies, strategies and programmes are adequate • National government must allocate national revenue to the provinces and local government • Provincial government must support local government • Local government should deliver the services

  27. ACCESS TO SUFFICIENT WATER/cont • “Access to sufficient water” is not the same as “access to basic water supply” • “access to sufficient water” is a fundamental right as contained in the Constitution • “access to basic water supply” is a measure to realise the fundamental right as set out in the Water Services Act • Giving effect to the right • Organs of the State • Public water services providers • Private water service providers

  28. MANDATE FOR WATER RESOURCE MANAGMENT STRUCTURE OF GOVERNMENT

  29. STRUCTURE OF GOVERNMENT Democratic state founded on the rule of law • Legality is an element of the rule of law • State actions should be lawful • It could only be lawful if it is authorised by empowering legislation • “whenever public power is exercised”: it can only be done “if it is clearly sourced in law” • Separation of state powers • Legislatures • Executive • Judicial

  30. STRUCTURE OF GOVERNMENT/cont • Government is constituted as • National sphere of government • Provincial sphere of government • Local sphere of government • The three spheres are distinctive, interdependent and interrelated

  31. STRUCTURE OF GOVERNMENT/cont • Principles of co-operative government are applicable to • all three spheres of government • all the organs of State within the three spheres • Intergovernmental relationship • intergovernmental disputes – reasonable effort to settle dispute before approach a court • criminal proceedings are not disputes • Intergovernmental Relations Framework Act 13 of 2005

  32. STRUCTURE OF GOVERNEMNT/cont Principles of co-operative government All spheres of government and the organs of State within each sphere must • provide effective, transparent, accountable and coherent government • respect the constitutional status, institutions, powers and functions of government in the other spheres • not assume any power or function except those conferred on them in terms of the Constitution • exercise their powers and perform their functions in a manner that does not encroach on the geographical, functional or institutional integrity of government in another sphere

  33. STRUCTURE OF GOVERNMENT/cont Principles of co-operative government/cont All spheres of government and the organs of State within each sphere must/cont • co-operate with one another in mutual trust and good faith by- • fostering friendly relations • assisting and supporting one another • informing one another of, and consulting one another on, matters of common interest • co-ordinating their actions and legislation with one another • adhering to agreed procedures • avoiding legal proceedings against one another

  34. STRUCTURE OF GOVERNMENT/cont • Organs of State • Departments of State • Institution • exercising a public power in terms of legislation • performing a public function in terms of legislation • An organ of State need not to be within any one of the spheres of government • An institution created in terms of legislation has only the powers, duties and functions assigned (given) to it by the Legislature • Catchment management agencies • Water user associations • Water Tribunal

  35. STRUCTURE OF GOVERNMENT/cont • Organs of State in the different spheres • National sphere • Department of Water and Sanitation • Department of Mineral Resources • Department of Agriculture (National) • Department of Environmental Affairs (National) • Department of Rural Development and Land Reform • Provincial sphere • Provincial Departments of Agriculture • Provincial Departments of Environment • Provincial Departments of Rural Development and Agrarian reform • Provincial Departments of Economic Development • Local sphere • Metros • District Municipalities • Local Municipalities

  36. STRUCTURE OF GOVERNMENT/cont • Examples of organs of State not in any one of the spheres of government • Water boards • TCTA • CMAs • Water Tribunal • Provincial Development Agencies • Examples of institutions that are not organs of State • WUAs, although under certain circumstances some may be • Chamber of Mines • Agricultural Unions • Private water services providers • Water services intermediaries

  37. STRUCTURE OF GOVERNMENT/cont • Organisations involved in water management could be grouped into • Custodian of the water resources • Water resource developers • Regulators, which could be divided into • Regulating the use of the water resources • Regulating activities that may affect the water resources • Regulating land use • Providing frameworks for the provision of water • Water services provider • Conflict resolvers

  38. MANDATE FOR WATER RESOURCE MANAGMENT LINKAGES WITH THE NATIONAL DEVELOPMENT PLAN AND OTHER GOVERNMENTAL PLANNING AGENCIES

  39. LINKAGES WITH THE NATIONAL DEVELOPMENT PLAN AND OTHER AGENGIES National development plan • It offers a long-term perspective of development • It defines a desired destination • It defines the role of the different sectors of society • It is plan for a better future • No one lives in poverty • Where no one goes hungry • Where there is work for all • A nation united in the vision of our Constitution

  40. LINKAGES WITH THE NATIONAL DEVELOPMENT PLAN AND OTHER AGENGIES/cont The NDP aims to achieve the following objectives by 2030: • Uniting South Africans of all races and classes around a common programme to eliminate poverty and reduce inequality • Encourage citizens to be active in their own development, in strengthening democracy and in holding their government accountable • Raising economic growth, promoting exports and making the economy more labour absorbing • Focusing on key capabilities of both people and the country • Capabilities include skills, infrastructure, social security, strong institutions and partnerships both within the country and with key international partners • Building a capable and developmental state • Strong leadership throughout society that work together to solve our problems.

  41. LINKAGES WITH THE NATIONAL DEVELOPMENT PLAN AND OTHER AGENGIES/cont • The NDP acknowledges that South Africa is a water-scare country • Climate change has the potential to reduce food production and availability of potable water • The NDP emphasises that water is a strategic resource critical for social and economical development • Golden line through the NDP that the State should design and implement measures within his available resources • The NWRS should among others set out the strategies and plans of other organisations

  42. MANDATE FOR WATER RESOURCE MANAGMENT INTERNATIONAL OBLIGATIONS, SHARED WATERCOURSES AND CO-OPERATION MECHANISMS

  43. INTERNATIONAL OBLIGATIONS, SHARED WATER COURSES AND CO-OPERATIONS CONTENT • South Africa and international water • Principles of the international water law • Institutional models • South Africa co-operation with neighbouring states • South Africa as a member of SADC • Protocols on Shared Watercourse • How South Africa interacts with neighbouring States

  44. INTERNATIONAL OBLIGATIONS, SHARED WATER COURSES AND CO-OPERATIONS SOUTH AFRICA AND INTERNATIONAL WATER

  45. SOUTH AFRICA AND INTERNATIONAL WATER • Territorial borders are determined by political and historical considerations • This result in that rivers • form the border between states • cross the border between states • This poses the question: • On what basis may the States involved develop the water resources within the catchments of these rivers and how? • Potential for conflicts over these water resources may be high

  46. SOUTH AFRICA AND INTERNATIONAL WATER/cont • Rivers do not respect political boundaries • Some rivers cross international boundaries, known as successive international watercourses • Some rivers, or part of these rivers, provide the boundary between countries, known as contiguous international watercourses • Whether the watercourse is successive or contiguous together with the purpose of the project should also dictate what type of institutions to be established • South Africa shares four major river systems with 6 neighbouring countries

  47. SOUTH AFRICA AND INTERNATIONAL WATER/cont • The Orange/Senque system: Shared with Lesotho, Botswana and Namibia • as a successive watercourse with Lesotho • as a contiguous watercourse with Namibia • The Limpopo River: Shared with Botswana, Zimbabwe and Mozambique • as a successive watercourse with Mozambique • as a contiguous watercourse with Botswana and Zimbabwe • The Inkomati system: Shared with Swaziland and Mozambique • as a successive watercourse with both countries • The Usuthu/Pongola-Maputo system: Shared with Mozambique and Swaziland • as a successive watercourse with both countries

  48. SOUTH AFRICA AND INTERNATIONAL WATER/cont • These shared watercourses drain 60% of the surface area in South Africa • These watercourses together contribute about 40% of South Africa’s total surface run-off • Approximately 70% of the gross domestic product of South Africa are supported by water supplied from these water resources • Approximately 70% of the population of South Africa are supported by water supplied by these watercourses

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