MANAGING SOUTH AFRICA’S WATER EFFECTIVELY: A CONSTITUTIONAL IMPERATIVE

Adv Jacques du Preez, FW de Klerk Foundation

As we observe World Water Day on Friday, 22 March 2013, it might be prudent to consider the immense value of this clear, life-sustaining substance that we so often take for granted.

More than 71% of the Earth’s surface is covered by water and it is a vital compound for all known forms of life on earth. On our planet, 96.5% of water is found in our oceans, 1.7% in groundwater, 1.7% in glaciers and the ice-caps of Antarctica and Greenland, as well as other large bodies of water.

Water is, of course, an essential requirement for human – and all other life. It is crucial for food production – and also plays an indispensable role in the world economy and transportation. It functions as a solvent for a wide variety of chemicals and as an industrial coolant. On World Water Day in 2013, a number of countries worldwide are under enormous pressure to effectively manage their limited and dwindling water resources. In developing countries this is particularly aggravated by the need for efficient and sustainable use of water, a fair allocation of water to different users – taking into account economic growth and social equity – as well as dealing with threats to water, such as general pollution, acid drainage and mercury poisoning.

South Africa – as a semi-arid country with low rainfall, limited underground aquifers and reliance on water transfers from neighbouring countries – faces its own challenges: water availability is now a national development constraint. Both the 2004 National Water Resource Strategy and the 2011 Diagnostic Report of the National Planning Commission stress the potential constraint on development that a lack of water will pose as water use approaches 40% of average annual availability. The Diagnostic Report further states that the implementation of the necessary water conservation measures is proving to be a challenge, given the diverse and complex nature of the country’s water resources and their use.

Water – and its environmental protection – are given important recognition in the South African Constitution: section 24(a) and (b) states that “everyone has the right to an environment that is not harmful to their health or well-being” and “to have the environment protected for the benefit of present and future generations”. Access to water is also recognised as a justiciable socio-economic right in section 27(1)(b) and 27(2), in that everyone has the right to have access to sufficient water and that the state must take reasonable legislative and other measures within its available resources to achieve the progressive realisation of this right.

South Africa as a country must manage this precious resource properly if we want to avoid exacerbating an already dire situation.

In this sense, the following steps are encouraging:

• On 10 August 2012, Cabinet approved the draft National Water Resource Strategy (NWRS-2) for input and comments. This strategy directs water resources management in the country over the next 20 years, placing particular emphasis on priorities and objectives from 2013 – 2017. It provides the framework for the protection, use, development, conservation, management and control of water resources in South Africa and binds all authorities and institutions exercising powers or performing duties under the National Water Act of 1998;
• According to the 2013 Budget tabled by Finance Minister Pravin Gordhan, an additional R6.5 billion has been set aside for the Department of Water Affairs for the next three years, with most of it is earmarked for water infrastructure, water infrastructure management, regional implementation and support for bulk water programmes; and
• Mega-infrastructure projects announced by government which include the construction of the De Hoop Dam and associated bulk raw water distribution systems in Limpopo, and a R2.8 billion dam safety rehabilitation project involving 315 reservoirs owned by the department.

South Africa must however also respect constitutional rights pertaining to water and its use.

93% of South African households had access to safe water in 2010. By 30 April 2012, more than 11.2 million households had access to free basic water (i.e. 6 000 liters per household per month, funded by local government, for households with incomes of less than R800 per month). The following are, however, causes for concern:

• In 2012, many citizens and ratepayers in SA had to approach the Courts to effectively enforce their right to  access to water (Carolina municipality and numerous other similar cases); and
• The South African Human Rights Commission received 114 complaints between 2010 – 2012 regarding thesupply and quality of water in SA;

Our Government must also continually bear in mind – although much has been done – that the right to access to adequate food and water is inextricably linked to other rights – for example the right to dignity and access to healthcare of many South Africans.

There is a saying that we will never know the worth of water until the well is dry.

South Africa is the 30th driest country on earth and according to the Department of Water Affairs, almost one-third of our clean drinking water is lost through leaking taps and piping, as well as illegal water connections.

In this sense the theme for 2013 World Water Day – Water Cooperation – is appropriate, because the co-operation of all South Africans – of citizens, government, business and agriculture – will be essential if we wish to manage our limited supply of water as a sustainable resource and as a constitutional right. If we succeed, we will perhaps be able to keep our well full of clear, potable and sustainable water for generations to come.