Reflections On The Framework Of Water Governance In South Africa

Abstract

South Africa is a water scarce country and faces challenges of water distribution and fair allocation. In the country's political landscape water thus took a center stage position in the past and continues to do so. Water has been politicized since the 1950s and represents a technological flagship of the country. In preceding decades engineering aspects dominated the legal, policy, and decision‐making water landscape. At the same time water policies reinforced the ideas of apartheid and disempowerment. The early 1980s saw legislation focusing more on the conservation of natural agricultural resources by maintaining the production potential of land with special focus given to combating and preventing soil erosion and the weakening or destruction of water sources. With the advent of a democratic South Africa in 1994, the 1956 Water Act was abolished and replaced with two Acts, viz. the National Water Act (NWA of 1998) and the Water Services Act (WSA of 1997) reflecting a massive regime shift that was aimed at transformation, empowerment, and economic growth. Overall, South Africa's water legislation is highly innovative, due to a constitutional right to water and a healthy environment reflected by the so‐called Reserve allocated to human use and the environment. Further, the water legislation is based on a highly integrated approach, catchment‐based management, and underpinned by strong participatory principles. Its implementation though is not without problems, these mainly being lack of adequate approaches and enforcement as well a deskilling, staff turn‐over and coordination challenges in government. In conclusion, the paper shows that the sector's legislation appears to be in a continual state of flux, and the transparencies of the 1990s are seemingly diminishing, with the decentralization initiatives in the field of water legislation of two decades ago appearing to be replaced by a recentralization. The latter is in urgent need of further investigations by scientists of all disciplines in order to better understand the forces at play.