Critical perspectives on South Africa’s groundwater law: established practice and the novel concept of public trusteeship

Abstract

South Africa is a semi-arid country that increasingly relies on groundwater as a freshwater source for both socio-economic and environmental systems. Groundwater resources are, however, limited and fragile due to factors such as climate change, exploitation and pollution. This renders the groundwater regulatory framework essential. Yet in South Africa, groundwater governance is not strongly emphasised in the novel regulatory framework instated by the National Water Act 38 of 1998 (the NWA). Naturally, uncertainties and challenges arise as to, inter alia, the appropriate allocation and effective protection of the country’s groundwater resources. This paper traces established groundwater governance practices and critically reflects on how the concept of public trusteeship, as introduced by the NWA, changes and informs the country’s groundwater governance practices.