Dear Portfolio Committee on Water and Sanitation,
I am a retired senior technician from DWAF/DWA.
I started my career in the Department of Justice and was enrolled in a legal course.
I was part of the internal panel when the National Water Act was drafted.
The lack of sufficient Service delivery by Local Government is a serious concern.
This committee can at least help by improve delivery of Water Services by enforcing the Water
Services Act.
My first concern is the name of the Department, Further emails will deal with steps required to
improve water service delivery.
Water Services is a local matter and Local Government is the only Water Services Authority.
Province (defined as the Provincial Department responsible for Municipalities) is next in line.
National Government is responsible for Water Boards and matters reserved for National
Government.
Calling the National Department Department of Water and Sanitation and Calling the National
Regional Director a Provincial Head does not make the National Department a Provincial
Department and The National Minister cannot intervene directly without first requesting Province to
intervene.
Please assist to rename the Department to the Department of Water Affairs. (DWS).
I am available to answer questions on the matters.
THE NAME - DEPARTMENT OF WATER AND SANITATION (DWS) IS
INAPPROPRIATE AND SHOULD CHANGE BACK TO THE DEPARTMENT OF WATER
AFFAIRS (DWA)
Part B of Schedule 4 to the Constitution -
The following is local government matters to the extent set out in section 155(6)(a) and (7)
• Water and sanitation services limited to potable water supply systems and domestic wastewater and sewage
disposal systems
Effectively water services and water services infrastructure.
The Water Services Act 1997 (WSA) was enacted under Sections 155(6)(a) and (7) of the
Constitution to regulate water services and provide for other related matters available to National
Government .
Section 2. The main objects (purpose) of this Act are to provide for—
(a) the right of access to basic water supply and the right to basic sanitation necessary to
secure sufficient water and an environment not harmful to human health or well-being;
(b) the setting of national standards and norms and standards for tariffs in respect of water
services:
(c) the preparation and adoption of water services development plans by water services
authorities
(d) a regulatory framework for water services institutions and water services intermediaries;
(e) the establishment and disestablishment of water boards and water services committees
and their duties and powers;
(f) the monitoring of water services and intervention by the Minister or by the relevant
Province;
(g) financial assistance to water services institutions;
(h) the gathering of information in a national information system and the distribution of that
information;
(i) the accountability of water services providers: and
(j) the promotion of effective water resource management and conservation.
The objectives are provided for by different sections of the Act. Some are:
S2(a) -
S3. (1) Everyone has a right of access to basic water supply and basic sanitation.
(2) Every water services institution must take reasonable measures to realise these rights.
(3) Every water services authority must, in its water services development plan. provide for
measures to realise these rights.
(4) The rights mentioned in this section are subject to the limitations contained in this Act.
Basic water supply and basic sanitation are defined as:
S1(iii) “basic water supply” means the prescribed minimum standard of water supply services
necessary for the reliable supply of a sufficient quantity and quality of water to households,
including informal households, to support life and personal hygiene:
S1(ii) “basic sanitation” means the prescribed minimum standard of services necessary for the safe,
hygienic and adequate collection. removal, disposal or purification of human excreta. domestic
waste-water and sewage from households, including informal households;
These standards are prescribed by regulations.
The act provide that national and provincial government must monitor the provision of water
services.
Nothing prevent provinces to enact law relating to matters applicable or important to them provided
that it is consistent with the national Act.
The users of water services are called consumers. The municipality is the user of water.
Water discharges into water resources must comply with the NWA. (S78)
WATER ACT 1998
The National Water Act 1998 (NWA) was enacted in terms of Section 27(2) of the Constitution to
provide for the Constitutional right of access to sufficient water within available resources as
provided for in the second part of Section 27(1)(b).
Constitution S27.
S27(1)Everyone has the right to have access to—
(a) health care services, including reproductive health care;
(b) sufficient food and water; and
(c) social security, including, if they are unable to support themselves and their dependants, appropriate
social assistance.
S27(2) The state must take reasonable legislative and other measures, within its available resources, to
achieve the progressive realisation of each of these rights.
The available resources will at least contain water , finances and the workforce.
Section 3 of the Act claims the Constitutional mandate on water matters and define the powers
under the Act.
S3. (1) As the public trustee of the nation's water resources the National Government, acting through the Minister,
must ensure that water is protected, used, developed, conserved, managed and controlled in a sustainable and
equitable manner, for the benefit of all persons and in accordance with its constitutional mandate.
S3(2) Without limiting subsection (1), the Minister is ultimately responsible to ensure that water is allocated
equitably and used beneficially in the public interest, while promoting environmental values.
S3(3) The National Government, acting through the Minister, has the power to regulate the use, flow and control
of all water in the Republic.
Section 3(3) Afford the power to National government acting through the minister to regulate the
use , flow and control of all water in the RSA.
National Government working through the Minister of the national Department is the only
mandated trustee of water resources and flow and use of water.
Municipalities are important water users (taking , storing and discharge) and should be included in
some or other consultative forum.
Section 90 require the Minister to make regulations to prescribe;
S90. (1) Subject to subsection (2), the Minister may make regulations -
(a) prescribing a maximum and a minimum number of members of a governing board;
(b) requiring the establishment of consultative forums and determining their composition and
functions;
(c) determining, in consultation with the Minister of Finance, the basis and extent of
remuneration and payment of expenses of members of governing boards and committees;
and
(d) on any other matter which is necessary or desirable for the efficient functioning of
catchment management agencies and their governing boards and committees.
(2) In making regulations, the Minister must take into account all relevant considerations, including
the need to -
(a) achieve adequate representation of and consultation with organs of state, bodies
representing different sectors and other interests within the areas of jurisdiction of catchment
management agencies; and
(b) secure the efficient and cost effective functioning of catchment management agencies and their
management structures.
No regulations were made under Section 90.
Currently Resource Forums exist (with excessive powers) established in terms of the National
Water Resource Strategy (NWRS) which were made without public participation, not publishing a
draft in the Gazette and not submitted to Parliament for verification.
The strategy was supposed to set the manner and tempo of how the act will be implemented and is
not law because it is not binding to public.
S7. The Minister, the Director-General, an organ of state and a water management institution must
give effect to the national water resource strategy when exercising any power or performing any
duty in terms of this Ac