South Africa's New Democratic Water Legislation: National Government's Role as Public Trustee in Dam Building and Management Activities

Abstract

In giving formal expression to national government's role as public trustee of the nation's water resources, the National Water Act 36 of 1998 will draw on its constitutional mandates, international obligations, as well as on certain neglected aspects of international precedent and the old South African common law that can usefully be re-emphasised. This allows national government, for the first time in South Africa's history, to assume, with vigour, its long-neglected and indispensable role of ensuring equitable access to water by all South Africans. At the same time, national government is required to ensure environmental protection, justifiable social and economic development as well as effective recognition of the country's international obligations. With this constitutional and regulatory background in mind, this article will critically analyse national government's public trusteeship role in relation to dam building, decision-making and management activities, both nationally and internationally.