This is a short summary on the lecture notes of the National Water Act in South Africa. It looks at some of the historical factors as to why it has been difficult to implement and the affirmative action that needs to take place
Water in South Africa – National Water Act
The National Water Act (NWA) 1996
It should be noted that South Africa is 1 of the 20 most water scarce countries in the world
There are historical rooted issues that need to be taken into consideration when implementing
a new piece of legislation
o Apartheid - 1948
o Water Act 1956 – racially discriminatory (1.2% of population got 95% of the water
available in South Africa
Water resources were linked to the control of land
In the past legislation stated that can’t own water but can own riparian zone (land next to
river)
o Therefore, allowed to use water for domestic uses and agriculture as long as water for
downstream
However, during apartheid most of the land was owned by white people and
therefore made difficult for access for everyone
o Legislation difficult to execute as based of the water rich place of Europe
During apartheid the biggest users of water was white commercial farms = unequal society
The government during this time development catchment management area (CMA) boards
that allowed for the distribution of water
o These was to reduce the amount of money spent by government
o These were white headed
o They provided licenses for water use
Therefore, made it very difficult for African farmers to get license for
agriculture
Development of Water Act – Public Trust Doctrine
Water resources belong to all
Re-emphasized the need for water saving measures
o Reuse, water demand management and pollution prevention
State as a trustee, while the nation is the beneficiary
This act had to look at the socio-economic affects that it would have
o Should have accessibility of water for the whole population – protect the health of
citizens
o Environmental management – not harmful to health
Prevent pollution, ecological degradation
Should have conservation and ecologically sustainable development
o Needs to meet the needs of present and future generations
o Promote dam safety and manage droughts and floods
o Allocation to those who have licenses
Reallocation of water between water users
o Nation-wide water rights system (equity and sustainability)
o New water use authorization (ecological reserve and basic human needs reserve)
These acts took place in stages due to the fact that would be difficult to implement the scale at
once
Poor Implementation of Act was set (current situation)
The act required different leadership and required transformation
o Shift in power to democratically elected
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