Is there a role for traditional governance systems in South Africa’s new water management regime?

F Kapfudzaruwa,M Sowman

doi:10.4314/wsa.v35i5.49195

Abstract

The transition to democracy in South Africa in 1994 catalysed new forms of governance in all sectors of society including water resource management. This paper examines the extent to which traditional governance systems have been acknowledged and incorporated into these new water management institutions and approaches. The research focused on understanding the cultural, religious and customary practices and rules relevant to water resource management as well as the roles of traditional leaders in 2 water user associations in the Eastern Cape Province. Findings from the research reveal that both state governance systems and traditional governance systems are relevant to water resource management in the study areas. However, management is predominantly guided by state-driven strategies which are based on statutory legal systems. Yet, traditional governance systems, including customary laws and cultural and religious practices, have an important role to play in achieving the purposes of the water user associations. Failure to acknowledge and incorporate aspects of these traditional governance systems may undermine the ability of government to achieve the objectives of the National Water Act.

Highlights

The transition from Apartheid to democracy in South Africa in 1994 resulted in a massive law-reform process in all sectors of society including water resource management
South Africa’s new democratic government has recognised the institution of traditional leaders by establishing the national and provincial Houses of Traditional Leaders (HOTL), this paper argues that the state has not provided adequate mechanisms for the consideration of traditional governance systems in the new dispensation for water management in South Africa
At the outset of the research, participatory workshops were held with members of the 2 water user associations (WUAs), namely Masikhanye and eDikeni, in order to gain information and insights on cultural and religious practices associated with water use as well as the role of traditional governance systems in water resource management (WRM) in the area

Summary

Introduction

The transition from Apartheid to democracy in South Africa in 1994 resulted in a massive law-reform process in all sectors of society including water resource management. The post-Apartheid approach to water resource management (WRM) has been guided by global trends that include a shift from supply to demand management, decentralisation of water management decisions and a more integrated and participatory approach to WRM (Franks et al, 2004; Cleaver et al, 2005; Sokile et al, 2003) Fundamental to this new approach is the active involvement of an informed public in the management and allocation of South Africa’s scarce water resources. The eDikeni WUA near Alice and Masikhanye WUA which is located 100 km north-west of King Williams Town, were selected as case study areas within the WMA 12 (Fig. 1) These areas, both former homelands, are in a rural setting, where traditional leaders and cultural practices have played a significant role in the governance and functioning of the community - especially in natural resource allocation and use since the pre-colonial era (Turner and Meer, 2001; Meer and Campbell, 2007). Both these WUAs tend to be single-sector WUAs focusing on water issues related to agriculture

Research methodology

Findings

Discussion and conclusions