Redressing
©PER-ANDERSPETTERSSON—GETTYIMAGES
byNikkiFunke,KarenNortje,KieranFindlater,
MikeBurns,AnthonyTurton,AlexWeaver,andHanlieHattingh
Inequality
SOUTH AFRICA’S NE W WATER POLICY
In
1994,
the fledgling democratic government of
SouthAfrica sought to redress the inequities of apartheid’s legacy by setting
revolutionary water reforms in motion.
Thirty-fivepercentofSouthAfricanshad
no access to a basic water supply, and
fifty-three percent lived without proper
sanitation.1 The reforms also aimed to
manage South Africa’s water scarcity
situation as efficiently as possible.2 The
resultingpolicies,namelytheWaterServicesActof19973andtheNationalWater
Act of 19984 are world-class pieces of
water legislation, especially in light of
South Africa’s turbulent and repressive
political history. (See Figure 1 on this
pageandpage13foratimelineofSouth
African history as it relates to water
politics.)However,theprocessofdrafting
and implementing water reforms has not
been smooth sailing. The South African
government has had to face many challengestodate,particularlythoseinherited
fromitsapartheidpredecessors.
TheKhoisanandWater
TheKhoisan,consistingofpastoralists
(Khoikhoi) and hunter-gatherers (San),
predominantly lived in dry, arid areas in
southwesternAfrica.5Duetothelowrainfallinthatregion,theKhoikhoigradually
adoptedamobilewayoflifeandroamed
thecountrywiththeircattle,followingthe
localrainfallpatterns.TheSanwereeven
more mobile because they subsisted on
huntedgameandfoodgatheredfromthe
veld(theopencountrythatcharacterizes
much of southernAfrica). These subsistence patterns uniquely suited the landscape as all land and natural resources,
includingwater,werecommunallyowned
andpeoplewerefreetousethem.6However,withthearrivalofJanvanRiebeeck
and the Dutch East India Company in
1652,whointroducedtheirformalsystem
ofprivatelandownership,theKhoisan’s
altruistic ways of reciprocity in relation
to their land and natural resources were
increasinglyplacedunderpressure.
DutchRule:TheKhoisan
LoseEverything
ArrivaloftheDutch
(1652)
BritishOccupation
(1805)
SOURCE:CompiledbyKieranFindlater,2007.
ENVIRONMENT
When Dutch rule ended in 1805, the
British government took over the Cape
Colonyandbegananextendedprocessof
water,land,andinstitutionalreform.Two
newdevelopmentsthatarosewereapermanentlandtenuresystemandtheformalization of the riparian principle—which
wasslowlybeingincorporatedintopolicy
andpracticeoverthefirstfewdecadesof
Britishinfluence.10Aparticularfocuswas
alsoplacedontheimportanceofirrigation
and agriculture, which culminated in the
promulgationofthe1912IrrigationAct.11
IrrigationAct(1912)
Unionof
SouthAfrica
(1910)
Goldonthe
Witwatersrand(1886)
12
UndertheBritishCrown
Many changes were brought about
whentheDutchEastIndiaCompanytook
poweralongtheCapeofGoodHope,one
ofwhichbeingstrictcontrolofthewater
andlandtheKhoisanhadpreviouslyused
forsubsistencepurposes.7TheDutchEast
IndiaCompany’sburghers(settlers)graduallytookupalllandasfreehold(anestate
inlandheldforlifeeitherthroughtenure
or through inheritance) along the area’s
rivers,andmanyKhoikhoiwereforcedto
workonDutchEastIndiaCompanyfarms
soon afterwards as they no longer had
accesstolandorwaterfortheircattle.8
Figure1.SouthAfricanhistoryandwaterpolitics
The settlement of land by the Dutch
East India Company was legally formalizedwhen,around1685,certainburghers
were granted land ownership based on
court rulings. Those burghers who were
fortunate enough to benefit from such
rulings now also had control of any permanent water supply source that flowed
across their piece of land. (This would
subsequentlybecomeknownasthe“riparianprinciple.”9)
Subsistence for the San had always
dependedonthehuntingofwildanimals.
However, because these animals were
drawntopermanentsourcesofwater(now
controlledbytheburghers),theirtraditional way of life, like that of the Khoikhoi,
suddenlywasalsoathingofthepast.
Democracy
(1994)
NationalParty
Elected(1948)
South
NativesLandAct
African
(1913)
War
(1899-1902)
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Thediscoveryofgoldin1886ledtothe
settlementofalargenumberofhopefuls
in the mining town of Johannesburg.12
TheRandWaterBoardwasestablishedin
1903tosatisfydemandforwatersupply
andsanitationservicesinthegreaterWitwatersrand area (a low mountain range
near Johannesburg), and legislation was
passed soon afterwards to allow for the
grantingofwaterrightstominingoperationswithpriorityoverotheruses.13
While the government went to great
lengths to supply the mineral-rich, financially lucrative areas of South Africa
with water, vast numbers of rural South
Africans were neglected. This situation
worsenedovertime,particularlywiththe
apartheid government’s creation of official “non-White areas” in South Africa,
including so-called “independent” homelands, where millions of Black people
were forced to resettle. (See the box
on page 14 for information on the classification of different races in apartheid
SouthAfrica.)
After the First World War delayed
water resource development for a short
time, a struggling economy and labor
strifeinthe1920sheraldedthestartofthe
Depression. The government responded
by fast-tracking a number of large-scale
waterworks to provide employment to
destituteWhites,whohadbeenapointof
concern for authorities since the middle
ofthenineteenthcentury.14Thissituation
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©JONHICKS—CORBIS
waspartlytheresultofthescorchedearth
policyemployedbytheBritishduringthe
South African War (1899–1902), which
had led to the destruction of numerous
farms owned byAfrikaners (WhiteAfrikaans speakers) and also included confining noncombatants to concentration
camps, where they lived under appallingconditions.15Whilethegovernment’s
waterworksemploymentinitiativeproved
to be successful for a while, it was not SouthAfricanflagsflyattheV&AWaterfront.
sustainable, and in the late 1930s the
DepartmentofLabour(DoL)wasforced providingandallocatingwaterfordevelto hire a great number of Colored and opment in the agricultural sector, where
Blacklaborerstocompletetheprojects.16 alargepartoftheNP’ssupportbasewas
After the National Party (NP) came to located.19 The government’s policy of
power in 1948, introducing apartheid as pursuing economic development to the
thegovernment’sraisond’être,aseriesof exclusivebenefitofWhiteSouthAfricans
prime ministers promoted an increase in continuedtoexpandinthefollowingyears
thenumberandsizeoflargewaterresource andwasgivenadecisiveboostwhenthe
projectstospureconomicdevelopmentin government announced its independence
SouthAfrica.17AnumberofsmallActsof from Britain and the Republic of South
Parliamentinthe1930sand1940sgradu- Africawascreatedin1961.Underapartally increased government control over heid,BlackpeopleinSouthAfrica(who
waterresources,culminatingintheprom- wereofficiallydeniedtherighttocitizenulgationofthe1956WaterAct.18
ship)hadveryfewbasicrights,asituation
that was legalized by the promulgation
of several discriminatory policies.20This
The1956WaterAct:
alsoaffectedtheiraccesstopotablewater
AToolofDeprivation
and sanitation as the DWA continued to
UnderApartheid
control the apportionment and development of SouthAfrica’s water. Instead of
The Water Act of 1956 gave rise to being able to provide their people with
theDepartmentofWaterAffairs(DWA), thesebasicrights,theindependentBlack
predominantlymandatedwiththetaskof homelands had to negotiate to obtain
water rights and use permits in competition with other users outside of their
territories.21 Water thus clearly became
NewConstitution(1996)
a very effective weapon in the apartNationalParty
RepublicofSouthAfrica
heid government’s arsenal of oppression
Democracy
Elected(1948)
(1961)
andcontrol.
(1994)
The construction of large-scale government-fundedwaterschemesincreased
through the 1960s, 1970s, and 1980s,
WaterAct(1956)
while droughts in the late 1980s and
WaterServicesAct(1997)
early1990sforcedtheimplementationof
GroupAreasAct(1950)
emergency water schemes. These develNationalWaterAct(1998)
opments had the purpose of ensuring
the continued operation of power sta-
ENVIRONMENT
13
tions and industry, as well as the provision of water for urban uses (which signalledamoveawayfromthestrongfocus
onirrigation).22
During the 1980s, however, it was
becoming increasingly evident that the
unsustainable way in which water had
beenmanagedsofarhadresultedinworrying levels of degradation of many of
South Africa’s primary water resources.
In addition, the global trend toward the
recognitionandincorporationofenvironmentalconcernsintowaterresourcemanagementaddedpressureforchange.23
TheDawnof
SouthAfrica’sDemocracy
Followingthefirstdemocraticelections
inSouthAfricain1994,thenewgovernment embarked on a quest to change
the country’s philosophy, priorities, and
approach to water resource management.
The provision of basic water supply and
sanitationtothemajorityofSouthAfrica’s
people, as well as the need for equity in
theallocationofwaterandthebenefitsof
wateruseweresuddenlygivenhighpriority on the political agenda. The National
WaterActof1998wasakeymilestonein
thegovernment’swaterreformprocessand
is bound to have far-reaching effects on
socialandeconomicdevelopmentaswell
as environmental management in South
Africaduringthecourseofitsimplementationoverthenextfewdecades.24
TheRevolutioninWaterLaw
The Constitution of SouthAfrica provides the basis of the country’s progressiveenvironmentallegislationbyguaranteeing SouthAfricans the right to a safe
environment.25SouthAfrica,infact,isthe
firstcountryintheworldtohaveadopted
nationalwaterlegislationthatservesasa
toolinthetransformationofsocietybased
on social and environmental justice. In
14
ENVIRONMENT
combination,theWaterServicesActand
theNationalWaterActweredesignedto
achievethefollowing:
[...]redress the inequalities of racial and
gender discrimination of the past; link
watermanagementtoeconomicdevelopmentandpovertyeradication;andensure
thepreservationoftheecologicalresource
baseforfuturegenerations.26
TheNationalWaterActcanbesummed
up by using the succinct idea of “some,
forall,forever.”Thissuggestseffectively
managing the country’s most precious
resource in a sustainable way for the
benefitofallSouthAfricans.Whatisparticularlyspecialaboutthislegislationisits
focus on those who are currently disadvantagedduetoformerapartheidpolicies
andwho,forexample,stillhavetocarry
RACEUNDERAPARTHEID
Apartheid(anAfrikaanswordfor
“beingapart”)wasinitiallyatermused
bytheNationalPartyinSouthAfrica
duringthe1940stogainvotesforthe
nationalelectiontobeheldin1948.
Onceinpower,theNationalParty
governmentputapartheidintoaction
underthebannerof“separatedevelopment.”Tosupportthisideal,the
governmenttriedtoformalizeracial
distinctionsbetweenracegroups.In
particular,thePopulationRegistration
Actof1950requiredpeopletoregister
theirracefrombirth.Theracialgroups
consistedofWhite,Colored,Bantu
(BlackAfrican)andother(laterthe
group“Asian”wasaddedtothislist).
Theseracialdistinctionswerebasedon
bizarreandvaguedefinitions(directly
quotedfromthePopulationRegistrationAct)suchas:
A White person is one who is in
appearance obviously white—and not
generally accepted as Coloured—or
who is generally accepted as White—
and is not obviously Non-White,
provided that a person shall not be
classified as a White person if one of
hisnaturalparentshasbeenclassified
as a Coloured person or a Bantu. . .
A Bantu is a person who is, or is
generallyacceptedas,amemberofany
aboriginal race or tribe of Africa. . .
A Coloured is a person who is
not a White person or a Bantu. . .
“Coloured,”then,wouldoftenrefer
tothoseof“mixed”raceandwould
include(butnotbelimitedto)people
fromCapeMalay,San,andKhoikhoidescent,whereasBantu(orlater
Black)wouldrefertopeoplefrom
(forexample)Xhosa,Zulu,orTswana
descent.“Asian”referredtopeople
primarilyfromIndianorPakistani
descent.Theseraciallabelsarehistoricallyrootedinthelegacyofapartheid,
andwhiletheracismthatwentwith
themhasmostlydissipated,thelabels
haveremained.
Thedefiningfactorthatmakes
SouthAfrica’sapartheideradifferent
toothersegregationpoliciesinthe
worldisthesystematicwayinwhich
theapartheidgovernmenttriedtoformalizeitspoliciesthroughlaws(no
fewerthan27).Legislationthatwas
promulgatedincluded,forexample,
theProhibitionofMixedMarriages
Act,Actof1949(thisactprohibited
marriagesbetweenwhitepeopleand
peopleofotherraces);thePopulation
RegistrationActof1950(thisactled
tothecreationofanationalregister
thatrecordedeveryperson’srace);and
theGroupAreasActof1950(thisact
enforcedthephysicalsegregationof
racesthroughthecreationofseparate
residentialareasfordifferentraces).
SOURCE:R.Ebr.-Vally,KalaPani:Casteand
ColourinSouthAfrica(CapeTown:Kwela
BooksandSouthAfricaHistoryOnline:Cape
Town&Maroelana,2001);M.Roodt,Land
RestitutioninSouthAfrica(ForthHareUniversity:FortHareInstituteofSocialandEconomic
Research,2003);RepublicofSouthAfrica
(RSA),PopulationRegistrationAct,Act30of
1950(Pretoria,1950).
VOLUME49NUMBER3
bucketsofwatertotheirhomestoekeout
abarelysustainablelevelofexistence.27
SomeKeyPrinciples
Below are four of the key principles
that underlie South Africa’s new water
legislation. Their successful implementation will help achieve the purpose of the National Water Act, which
is to ensure that South Africa’s water
resourcesareprotected,used,developed,
conserved, managed, and controlled in a
sustainablemanner.
Decentralization
As opposed to former water legislation, which did not make provision for
publicparticipationinthewatermanagement process, the National Water Act
conforms to the Constitution and its call
Figure2.Threetiersofwaterresourcemanagement
for people to participate in the decisionmaking process as and when it affects
them.Another important element, drawn
from the Constitution, is the subsidiarity principle, which stipulates that those
functionsthatcanbemoreefficientlyand
effectivelycarriedoutbylowerlevelsof
government should be delegated to the
lowestappropriatelevel.28 (SeeFigure2
onthispageformoreonthetiersofSouth
Africanwatermanagement.)
South Africa is divided into 19 water
management areas (WMAs), which
match the boundaries of major watersheds.Thecatchmentmanagementagencies(CMAs),tobeformedatWMAlevel,
will perform certain management functions that have been devolved to them.29
CMAs are required to cooperate and
seek agreement on water-related matters
among various stakeholders and interestedparties.30Theyalsohavegoverning
boards to ensure that stakeholders are
being represented and to prevent control
of decisionmaking by powerful parties
withvestedinterests.31Inaddition,CMAs
haveamandatetoprogressivelydevelop
catchmentmanagementstrategies(CMS)
to realize the protection, use, development, conservation, management, and
control of water resources in the respectiveWMAsinwhichtheyoperate.Until
such time as CMAs have been formally
established, the Regional Offices of the
DepartmentofWaterAffairsandForestry
(DWAF) will continue to manage the
waterresourceswithintheWMAs.32
EquitableAccess
SOURCE:DepartmentofWaterAffairsandForestry,WaterManagement
Institutions:Overview(Pretoria,nodate).
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The NationalWaterAct has embraced
areturnto“thecommons,”whichimplies
thatthecountry’swaterbelongstoallits
people, cannot be privately owned, and
isheldinpublictrustbythestate.33This
notion,reminiscentoftheKhoisantradition, is also supported by an administrativelicensingsystem.Underthissystem,
the state, and more specifically DWAF,
ENVIRONMENT
15
regulates the abstraction of a specified
volume of water (for specific purposes,
such as industry) from particular sources. The domestic use of water, which
includes small-scale irrigation and the
watering of animals for non-commercial
purposes, is exempted from such license
requirements.34Thisnewsystemismuch
morepracticalthantheriparianprinciple
and is also considerably better suited
to a largely semi-arid country such as
SouthAfrica.35
Reallocating South Africa’s water to
ensure that all of its people can meet
their daily nutritional water needs is a
very necessary adjustment. In addition,
reallocation is also expected to encourage more efficient use of water by those
SouthAfricanswhohavehistoricallyhad
ready access to the resource and mistakenlyacceptedthatitisavailableforusein
unlimitedquantitiesatminimalcost.36
Efficiency
Toensureefficiency,thesocialandeconomicbenefitsandcostsandenvironmentalcostsofcompetingwateruseshaveto
beevaluated.InthecaseofSouthAfrica,
if water is allocated under the licensing
system, the interests of all water users
(includingtheenvironment)ofthewater
resource in question must be taken into
account. South African water legislation
makesprovisionfortwolegalinstruments
tofacilitatethisprocess.Thefirstenables
thoseaffectedbydecisionsregardingthe
licensingprocesstovoicetheiropinions,
givesthemtherighttobeprovidedwith
reasonsforalicensingdecision,andalso
allows them to appeal against a decision that might be unfavorable toward
the interests they are defending.37 The
second mechanism entails the use of
economic instruments such as pricing
mechanisms and financial assistance or
subsidyprograms.38
While it seems logical and important
to attach value to a scarce resource to
16
ENVIRONMENT
prevent it from being used unwisely
or wastefully, the question of charging
money for water is still a thorny issue
in many parts of South Africa. South
Africa’scitizenshavearighttosufficient
water to provide for their basic human
needs (6.6 gallons or 25 liters per day),
after which they are expected to pay for
anyadditionalwatertheymayuse.39Over
the years, many poorer urban communitieshaveeitheradoptedacultureofnonpayment(whicharoseasaformofprotest
againsttheformerapartheidgovernment)
ortodaysimplycannotaffordtopaythe
feesthatarecharged.Peopleinruralareas
whohavepreviouslyhadnoreliablesupplyofpotablewaterorformalsanitation
systemsarealsoreluctanttosuddenlypay
once service provision has taken place;
previouslywaterwasfree(althoughmore
effortwasneededtosourceit).40
Despite the difficulties inherent in the
water pricing process, there are fortunatelyalsosomeexamplesofwherethis
has functioned successfully. The city of
Durban (Kwa-Zulu Natal, SouthAfrica),
for instance, has taken direct steps to
enforce the 6.6 gallons (25 liters) per
personperdayprinciplebyensuringthat
the first “lifeline” volume of water (the
amountofwaternecessarytolive:1,585
gallonsor6,000litersperhouseholdper
month)isprovidedfreeofcharge.Where
householdsexceedthisdemandforwater,
the principle of “the more you use, the
more you pay” is enforced. This policy
helps subsidize the costs of supplying
water to the poorer parts of the community. With 93 percent of water services
accountsbeingpaid,Durban’sbillingsystem makes it possible for all households
(rich and poor) to receive the first 1,585
gallons(6,000liters)ofwaterpermonth
freeofcharge.41
Sustainability
It is because of the acknowledgement
of the interrelationship between social,
ecological, and economic sustainability
thattheprincipleofthe“reserve,”which
comprises two components, was written
into the National Water Act.42 The ecological component refers to that portion
ofstreamflowquantity—ofdefinedquality—thatisrequiredtoremaininriversto
ensurethesustainablehealthyfunctioning
of aquatic ecosystems.43 It is imperative
that these ecosystems continue functioning optimally because many people in
SouthAfricarelyonthemforbasicgoods
and services (for example, fishing) to
sustaintheirlivelihoods.Thebasichuman
needscomponentisdefinedasthewater
reserve required to meet several direct
humanneedsforwater,suchasdrinking
andfoodpreparation.44
The “reserve” in essence is a quantity
of water that cannot be allocated to specific water users. Its purpose is to give
effecttotwotypesofconstitutionalrights
thatSouthAfricanshave.Thefirstistheir
righttoenoughwatertomeettheirbasic
needs, while the second is their right to
an environment sufficiently protected by
legislative and other measures to secure
socioeconomic development that is also
ecologicallysustainable.45
ChallengesthatRemain
Despite the fact that the fundamental principles of SouthAfrica’s National
WaterActmakeitanimpressivepieceof
environmentallegislationbyinternational
standards, many serious challenges to
implementationremain.
LackofHumanResources
Staffturnoverinallthreespheresofgovernment (national, provincial, and local)
amounts to approximately 25 percent per
year. This is problematic because delays
in appointing new staff members result
in overstressed government institutions.
Experiencedstaffmembersthustendtobe
VOLUME49NUMBER3
©WILMASTRYDOM,CSIR
Thismanmakeshislivingbyweavingandsellingthesereedbaskets.ThereedsheusesgrowalongSouthAfrica’sBuffaloRiver.
overburdenedandhavetroubleperforming
theirdutieswhilebuildingthecompetency
ofthenewlyappointedstaff.46
This is proving to be a serious issue
in the Usutu-Mhlatuze WMA on the
EastCoastofSouthAfrica,forexample.
According to interviews conducted with
several DWAF officials in the area, the
departmentisrespondingtovariouscrises
rather than engaging in systematic planning, service delivery, and water quality
monitoringwithintheWMA.Thisisthe
directresultofinadequatestaffingandthe
high staff turnover, which is resulting in
thelossofexperienceandorganizational
memoryfromDWAF.Inaddition,noreal
provisionismadetotrainnewpeopleto
takeontheresponsibilitiesofmoresenior
staffwhohavelefttheorganization.47
DisconnectBetweenResource
ManagementandSupply
Another problem regarding the implementationofSouthAfrica’swaterlegislationisthedisconnectthatexistsbetween
the management of water resources and
APRIL2007
water supply. While water resources
are managed at the level of watersheds,
defined by natural boundaries within
WMAsasstipulatedintheNationalWater
Act,waterservicesprovision(largelythe
domain of theWater ServicesAct) takes
placeatthemunicipallevel.Whatisproblematic here is that localWater Services
DevelopmentPlansdonottakesufficient
account of existing water resource managementprinciples.Thishasthepotential
of resulting in a situation where more
waterisallocatedforsupplypurposesthan
isfeasiblefromanecologicalperspective.
Understandably, the urgent need to meet
the water demands of the rural poor has
outweighed the lengthy process of water
resourcemanagementinthecountry,but
such over-hastiness may have negative
consequencesinthefuture.48
Illustrativeinthisregardisthefactthat
water supply derived from 15 of the 19
WMAs in SouthAfrica already exceeds
sustainablelevels.49Thisisaconsequence
of a failure of communication between
municipalitiesandCMAstructuresinthe
WMAsinwhichtheyarelocated.While
the enormous backlogs associated with
water sanitation and supply are indeed
a pressing concern, so is the sustainablemanagementofthecountry’sscarce
nationalwaterresources.50
PerceivedLackofFinancial
Resources
While all spheres of government and
their different departments receive adequate funds to successfully perform the
functionsexpectedofthem,inappropriate
managementofthesemoniesoftenresults
inaperceivedlackoffinancialresources
withingovernmentstructures.51
This is a problem because it means
thatthetaxpayers’moneyisnotnecessarilyusedtoachievewhatthegovernment
collects it for. Middle- to high-income
earners, who are taxed considerably to
help uplift the lives of previously disadvantagedSouthAfricans,arelikelytobe
disillusionedbythistendencyinthelong
term, an attitude that could ultimately
resultinlowersupportlevelsforthecurrentgovernment.Itisthecountry’spoor
ENVIRONMENT
17
©PETERHIRTH—PETERARNOLD,INC
SouthAfricansandtouristsenjoywaterrecreationallyatthisbeachresortinCapeTownontheAtlanticOcean.
people,however,whoaretherealvictims
here as it is they who rely most on the
government’s promises to improve their
qualityoflife.
ProblemswithStakeholder
Participation
There are also challenges when it
comes to stakeholder participation, specificallyinthecontextoftheformationof
theCMAs,andtheamountofpowerthat
different groups of stakeholders have. In
South Africa, a successful commercial
farmer is likely to have greater capacity
to negotiate and influence decisionmaking pertaining to water needs than his
impoverished rural subsistence farmer
counterpart. Great care thus needs to be
18
ENVIRONMENT
taken to ensure environmental justice
throughstakeholderengagementprocesses.Inaddition,itisproblematictoassume
that all stakeholders can be engaged and
informedinauniformway.Stakeholders
varywidelyintheirabilitytounderstand
andadoptgovernanceprocessesorinstruments that they are not familiar with
andthereforeanidealgovernancesystem
needs to ensure that the participation of
stakeholdersatalllevelsiscarefullybalancedandintegrated.52
Anotherissuethatisdeemedproblematic in this regard is the fact that it will
takesome20yearstoestablishtheCMAs
andthatcurrentlytheirformationisbeing
hamperedbyalackofskills,whichmay
make it difficult to ensure that these
institutionsarelaunchedsuccessfullyand
manage water resources as effectively
as they are expected to.53This of course
complicates the decentralization process
and the aim to increase public participation,bothofwhicharesocloselylinked
tothenewwaterlegislation.
Society’sInterestsNotWell
Articulated
Unfortunately as a result of the country’sapartheidpast,thebroadSouthAfrican public has not been able to develop
a strong culture of participation in government processes, nor has it learned to
successfullyarticulateitsinterests.54This
may lead to a public perception that the
governmentisnoteffectivelyresponding
topeople’sneedsandmayinthelongrun
VOLUME49NUMBER3
also result in public distrust in governmentorvoterapathy.55
Such attitudes have in fact recently
started to emerge as previously disadvantaged South Africans are becoming increasingly disillusioned with the
government’s perceivedlackofeffective
servicedeliverytodate.PerhapsifSouth
Africans participated in decisionmaking
structurestoagreaterextent,theywould
notonlygivethegovernmentabetteridea
of what they need and expect but would
also develop a greater understanding of
themanychallengesthatthegovernment
isfacingintryingtofulfillitsmandate.
withmanyminingcompaniesrefusingto
acceptresponsibilityforacidminedrainageandrelatedenvironmentalproblems.
This is partly due to the fact that during
the apartheid era, the NP government
had entered into a relationship with the
mining industry in which it became a
direct beneficiary.58 While this sustained
thegovernmentduringtheyearsofsanctionsandisolation,italsomeantthatthe
industry prospered in the absence of a
genuineregulatoryauthority,fullyaware
of the absence of any consequences for
its environmentally and socially harmful
practices. One of the major challenges
thedemocraticallyelectedgovernmentin
SouthAfricathusfacesishowtochange
itsrolefromcollaboratortooneofregulatorandhowtobringundercontroland
subsequently repair the environmental
damage that mining has caused in the
country.59This is particularly difficult in
Finally,thereareanumberofhistorical
legaciesthatareprovingtoberatherdifficultforDWAFtohandle.Mineclosure
is a particularly complex issue that will
test how well the new environmental
legislationfaresinpractice.SouthAfrica
is a mining economy with some of the
richestanddeepestminesintheworld.To
unlocktheundergroundwealththeywere
searching for, mining companies had to
invest in pumping out vast volumes of
water as the country’s most sought-after
mineralsareoverlainbythelargestdolomite aquifer systems in southernAfrica.
Manygoldmineshavebeenclosedorare
reaching a point of imminent closure.56
This has given rise to the problem of
acidminedrainage,causedbytheunderground water levelsofabandonedmines
rising again. This water becomes highly
polluted when it, together with oxygen,
comes into contact with the pyrites that
have been exposed in the underground
rock during the mining process. Acid
mine drainage eventually results in the
heavy-metal contamination of ground-
andsurface-waterresources.57
SouthAfrica’sgovernmentiscurrently
finding it very difficult to engage the
mining sector regarding this problem,
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©JUDECOBBING—CSIR
ApartheidLegacies:TheCase
ofAcidMineDrainage
AresearchertakesapHreadingatLyndhamPit,anabandoned,open-castgoldmining
areaonminepropertyclosetoKrugersdorp.
ENVIRONMENT
19
light of the fact that while the government (and the legislation underpinning
it) may be morally strong, it also faces
many structural challenges. In contrast,
the mining houses may exhibit signs of
moral weakness but at the same time
have substantial funds and strong legal
teams to help them shirk their responsibilities toward South Africa’s people
andenvironment.
sionmakers in understanding the social
and economic value of water for communities that need to have access to it.
Appropriatecommunicationtoolsarealso
neededtoinformlocalcommunitiesabout
Successfully functioning CMAs imply
the need for good governance. This is
notlimitedtothegovernmentexercising
its constitutional duties—in other words,
governing—butalsoincludestheprocess
Despite the challenges mentioned
above, it is important to realize the significance and importance of SouthAfrica’s new water legislation. The policy
development process itself proved to be
very successful as a large number of
stakeholders,legalpractitioners,environmental scientists, and politicians agreed
onasetofworld-class,highlyprogressive
principlestoaccommodateenvironmental
protection and socioeconomic developmentpriorities.60
ThesevotersatapollingplaceinGuguletutownship,CapeTown,waitinlinetobe
Given the context in which the policy heardonmanyissues,includingwaterrightsandjustice.
now needs to be implemented, which is
definedbythetransitionalstateinwhich whataCMAis,howitwillfunction,and ofinformeddecisionmakingthatenables
SouthAfrica finds itself, difficulties and how local communities can get involved tradeoffstobemadebetweencompeting
delayscanbeexpected.Thepolicydiffers whenitcomestomakingdecisionsabout usersofagivenresourcesoastomitigate
radically from the apartheid legislation water management.61 Also important is conflict, enhance equity, ensure sustainthatprecededitandisexpectedtotrigger the need to build policy implementation ability, and hold officials accountable.63
profoundchangesinthewayinwhichall structures on the basis of what already Theprocessthereforealsoinvolvesactors
SouthAfricanswillbenefitfromaccessto exists.Poorruralcommunitieshavetheir outside government, such as civil sociwaterwithinenvironmentallimits.
ownwaterallocationandtenuresystems ety and scientific organizations, and is
TheCMAs,asmentionedearlier,form as well as existing community organiza- characterized by participatory behavior,
an integral part of what the National tionsanddecisionmakingmechanismsin transparency, and accountability. With
WaterActforeseesasthefuturestructures place. The new system should therefore goodgovernance,aneffectiveresponseis
for water management in South Africa. take this into account and try to under- possibletotheneedsofthemostvulnerHowever, a number of challenges will stand and strengthen existing practices ablesectorsofsociety,specificallywhen
needtoberesolvedifthesestructuresare where appropriate. It is also crucial that itcomestowaterresourceallocation.64
to become effective instruments of envi- thecatchmentmanagementstrategiesthat
Despite the many challenges and crironmentaljustice.
aretobedevelopedbytheCMAsadopta tiques that it faces, it appears that the
New tools will need to be developed pro-poorapproachtoensurethattheinter- South African government is doing the
to facilitate the implementation of the ests of the disadvantaged are taken into right thing. Since 1994, 10 million more
National Water Act. A priority in this account in all decisionmaking processes peoplehavereceivedaccesstosafewater
regard are mechanisms that assist deci- inthewatershedarea.62
with86percentofthepopulation’sbasic
20
ENVIRONMENT
VOLUME49NUMBER3
©ERICMILLER—PETERARNOLD,INC
ConclusionsandCritical
Observations
needsnowsatisfied.65 Progressinproviding people with sanitation has been less
impressive; nonetheless, approximately
5millionmoreSouthAfricansnowbenefit from better sanitation compared to
1994.66ThesefiguresindicatethatDWAF
hasmadeprogressonanationallevelin
beginning to realize one of the National
Water Act’s main aims: to redress the
legacies of the country’s apartheid past.
Whilealotstillhastobedone,itmaybe
usefulforSouthAfricansinvolvedinthe
water sector to every now and then stop
and look back at what they’ve already
achieved—arguably enough to inspire
themforthejourneythatstillliesahead.
Afinalpointthatcanbemadeisthatthe
evolution of SouthAfrica’s water policy
reflectsashiftinmindsettowardsustainable resource utilization. Whereas water
used to be managed and governed from
a strong demand-side perspective and
was employed as a strong political tool
in engineering the South African socioeconomiclandscape,thecurrentpolicyis
underpinnedbyastrongsenseoffuturity
aswellastheneedtobalancebothhuman
andecologicalneeds.Inmanywaysthis
shift in water policy mimics the shift in
thinking in certain progressive research
circles: from one which focuses on the
physicallawsofnatureandtheprinciples
thatdrivesocietyandwhatwearecapable
of doing through technological intervention, toward one which is driven by a
strong set of values and the question of
“whatoughtwedo?”67Thisshiftiswellarticulated in descriptions of the emerging sustainability science research field,
which seeks to overcome disciplinary
myopiabyfocussingonsocial-ecological
systemsasinterconnected,complexfunctioningwholes.68
NikkiFunkeisaresearcherattheCouncilforScientific
and Industrial Research (CSIR) in SouthAfrica where
she is a member of the Water Resource Governance
SystemsResearchGroup.Shecanbereachedviae-mail
at nfunke@csir.co.za. Karen Nortje is a researcher and
anthropologist at CSIR where she is a member of the
Water Resource Governance Systems Research Group.
APRIL2007
She can be reached via e-mail at knortje@csir.co.za.
Kieran Findlater is a visiting scientist at CSIR in the
Water Resource Governance Systems Research Group.
Hecanbereachedviae-mailatkfindlater@gmail.com.
Mike Burns plays a lead role in fusing the concept of
sustainabilityscienceintotheresearchactivitiesofCSIR
and will shortly be taking up a Harvard Fellowship in
thisfield.Hecanbereachedviae-mailatmburns@csir.
co.za. Anthony Turton is the Research Group Leader
of the Water Resource Governance System Research
Group at CSIR. He can be reached via e-mail at
aturton@csir.co.za.AlexWeaveristheResearchGroup
LeaderoftherecentlyestablishedSustainabilityScience
research group at CSIR. He can be reached via e-mail
at aweaver@csir.co.za. Hanlie Hattingh is a senior
researcher in the Water Competency area at CSIR and
is the financial and operational leader of the research
group:WaterResourceGovernanceSystems.Shecanbe
reachedviae-mailathhattingh@csir.co.za.
TheauthorswishtothankMarianPatrick,JudeCobbing,WilmaStrydom,andErnitavanWykforproviding
valuableinputregardingtheuseofimagesandphotos.
NOTES
1. Department of Water Affairs and Forestry
(DWAF), A History of the First Decade of Water Services Delivery in South Africa: 1994–2004 (Pretoria,
2004).
2. SouthAfricaisoneofthe20mostwater-deficient
countries in the world with an annual rainfall of 19.56
inches (497 millimeters (mm)), much less than the
world average of 33.86 inches (860 mm). Rainfall in
SouthAfricaisalsohighlyseasonalandveryunevenly
distributedwith65percentofthecountryreceivingless
than19.68inches(500mm)peryear.SeeP.Ashtonand
B.Haasbroek,“WaterDemandManagementandSocial
Adaptive Capacity: A South African Case Study,” in
A. R. Turton and R. Henwood, eds., Hydropolitics in
the Developing World: A Southern African Perspective
(Pretoria: African Water Issues Research Unit, 2002),
187–204. All indications are that South Africa will
reach the limits of its potentially accessible water supplies between 2020 and 2030, a situation that is likely
to be aggravated by the effects of climate change. See
H. Mackay, “Background: Pressures for Change in the
WaterSector,”inD.ReedandM.deWit,eds.,Towards
a Just SouthAfrica: The Political Economy of Natural
Resource Wealth (Washington, DC: WWF MacroeconomicProgramme,2003):49–76.
3. In summary, the purpose of the Water Services
Actof1997istoprovidefortherightofaccesstobasic
watersupplyandtherighttobasicsanitation.Inaddition,
national standards and norms and tariffs for water serviceshavetobeset,whilewaterservicesinstitutionshave
to be assisted financially and held accountable for their
actions.ActsOnline,2007,WaterServicesAct,Act108
of1997,http://www.acts.co.za/water_serv/index.htm
4. ThepurposeoftheNationalWaterActof1998is
toensurethatSouthAfrica’swaterresourcesareprotected,used,developed,conserved,managed,andcontrolled
in ways which take into the following factors: meeting
thebasichumanneedsofpresentandfuturegenerations;
promoting equitable access to water; redressing the
resultsofpastracialandgenderdiscrimination;promotingtheefficient,sustainable,andbeneficialuseofwater
in the public interest; facilitating social and economic
development; providing for growing demand for water
use; protecting aquatic and associated ecosystems and
their biological diversity; reducing and preventing pol-
lution and degradation of water resources; meeting
international obligations; promoting dam safety; and
managingfloodsanddroughts.Toachievethisgoal,it
calledforestablishingsuitableinstitutionsandensuring
thattheyhaveappropriatecommunity,racial,andgender
representation. Acts Online, 2007, National WaterAct,
Act36of1998,http://www.acts.co.za/ntl_water/.
5. The Khoisan, as is the case with many of the
other indigenous peoples of South Africa, have lived
a history of marginalization and disenfranchisement,
mainly as a result of the exclusionary policies of colonialism and, subsequently, apartheid. Today, they are a
near-extinctsociety,asillustratedbythe“dead”language
of the /xam people, now only used as the motto of the
newSouthAfricancoatofarms.SeeL.GuelkeandR.
Shell, “Landscape of Conquest: Frontier Water AlienationandKhoikhoiStrategiesofSurvival,1652–1780,”
Journal of Southern African Studies 18, no. 4 (1992):
803–24.
6. GuelkeandShell,ibid.,page805.
7. C. G. Hall, The Origin and Development of
WaterRightsinSouthAfrica(Oxford:OxfordUniversity
Press,1939);C.G.HallandA.P.Burger,HallonWater
RightsinSouthAfrica(Oxford:OxfordUniversityPress,
1957);H.Thompson,WaterLaw:aPracticalApproach
toResourceManagementandtheProvisionofServices
(CapeTown:Juta&CoLtd,2006).
8. GuelkeandShell,note5above,page811.
9. GuelkeandShell,note5above,page816.
10. L.C.Duly,“TheFailureofBritishLandPolicy
attheCape,1812–1821,”JournalofAfricanHistory6,
no.3:357–71.
11. H.Thompson,note7above,page36.
12. A. Turton, et al., “Gold, Scorched Earth and
Water: the Hydropolitics of Johannesburg,” InternationalJournalofWaterResourcesDevelopment22,no.
2(2006):313–35.
13. A.D.Lewis,WaterLaw:ItsDevelopmentinthe
Union of South Africa (Cape Town and Johannesburg:
Juta&Co.Ltd,1934).
14. UnionofSouthAfrica,ReportoftheDirectorof
IrrigationforthePeriod1stApril,1928,to31stMarch,
1929,Doc.No.U.G.No.9-’30(Pretoria,1930).
15. T. van Rensburg, Camp Diary of Henrietta E.
C.Armstrong:ExperiencesofaBoerNurseintheIrene
ConcentrationCamp6Aprilto11October1901(Pretoria:HumanSciencesResearchCouncil,1980).
16. Republic of South Africa (RSA), Report on the
Supplementary Drainage Works for the Riet River Government Water Scheme, Report No. W.P. J-’77 (Pretoria,
1977).
17. A.R.Turton,R.Meissner,P.M.Mampane,and
O. Seremo, A Hydropolitical History of South Africa’s
InternationalRiverBasins,WaterResearchCommission
Report No. 1220/1/04 (Pretoria: Water Research Commission,2004).
18. Thompson,note7above,58–60.
19. The NP government’s policy of discouraging
migration from rural to urban areas could also have
playedaparthere,asthisrequiredtheprovisionofjobs
toBlackpeoplelivinginruralareas.SeeMackay,note2
above,page50.
20. The Natives’ Land Act (Act No. 27 of 1913)
institutionalizedexclusiveWhiteownershipoflandoutsideofthedemarcated“native”areas,whiletheGroup
Areas Act (Act No. 41 of 1950) brought into effect
“racezoning”inSouthAfrica.Thelatteralsosupported
influx controls implemented by the government as the
majority of the Black population was “relocated” to
ENVIRONMENT
21
resettlementcampsinthe“independent”homelands.See
G.BudlenderandJ.Latsky,“UnravellingRightstoLand
inRuralRaceZones,”inM.deKlerk,ed.,AHarvestof
Discontent: The Land Question in South Africa (Cape
Town:IDASA,1991).
21. Republic of SouthAfrica (RSA), Report on the
CrocodileRiver(EasternTransvaal)GovernmentWaterwork(SterkspruitDam),Doc.No.W.P.T-’75(Pretoria,
1975).
22. Republic of SouthAfrica (RSA), Report on the
Proposed Grootdraai Dam Emergency Augmentation
Scheme,Doc.No.W.P.K-’83(Pretoria,1983);Republic
of SouthAfrica (RSA),ReportontheProposedExtensionoftheUsutu-VaalRiverGovernmentWaterScheme
(DoublingofthePipelinesbetweentheGrootdraaiDam
and the Trichardtsfontein Balancing Dam), Doc. No.
W.P.L-’83(Pretoria,1983).
23. Mackay,note2above,page51.
24. Mackay,seenote2above,page49.
25. According to the South African Constitution
(Section 24 in the Bill of Rights), everyone has the
right:
a)toanenvironmentthatisnotharmfultotheir
healthorwell-being;and
b)tohavetheenvironmentprotected,forthebenefit
ofpresentandfuturegenerations,throughreasonable
legislativeandothermeasuresthat—
c)preventpollutionandecologicaldegradation;
(i)promoteconservation;and
(ii)secureecologicallysustainabledevelopmentand
useofnaturalresourceswhilepromotingjustifiable
economicandsocialdevelopment.
(Republic of South Africa (RSA), Constitution of
SouthAfrica,Act108of1996(Pretoria,1996).)
26. B.Schreiner,B.vanKoppenandT.Khumbane,
“From Bucket to Basin: a New Paradigm for Water
Management, Poverty Eradication and Gender Equity,”
inA.R.TurtonandR.Henwood,eds.,Hydropoliticsin
the Developing World: a Southern African Perspective
(Pretoria: African Water Issues Research Unit, 2002):
127–40.
27. Ibid.,page127.
28. AccordingtotheNationalWaterAct,centralgovernmentstaysresponsibleforcertainfunctionsincluding
policy formulation and regulation, development and
maintenanceofanationalwaterresourcestrategy(which
sets out the long-term goals and objectives for water
management at the national level) and joint managementofinternationalcatchments.TheMinisterofWater
AffairsandForestryalsoretainsresponsibilityforspecifyingtherequirementsofthe“reserve,”theinternational
waterrequirementstobesetasideformeetingpossible
future contingencies and the quantity of water needed
for strategic uses that are of national importance (see
Mackay,note2above,page62).
29. Department of Water Affairs and Forestry
(DWAF), Usutu to Mhlatuze Water Management Area:
Internal Strategic Perspective, Report No. P WMA
Advertisein
®
ContactSallyWright
540.592.3634orswright@heldref.org
22
ENVIRONMENT
06/000/00/0304(Pretoria,2004).
30. B.W. Raven, WaterAffairs in the Lower Blyde
River:theRoleofDWAFinLocalWaterManagement,
IWMIWorkingPaper(Wageningen,2004).
31. Mackay,note2above,page62.
32. Ibid.,page64.
33. According to the National Water Act and the
public trust doctrine that it encapsulates, the South
African government is ultimately responsible to ensure
that “water is protected, used, developed, conserved,
managed and controlled in a sustainable and equitable
mannerforthebenefitofallpersonsandinaccordance
withitsConstitutionalmandate.”TheMinisterofWater
Affairs and Forestry has the executive responsibility to
ensure that water is allocated equitably and used beneficially in the public interest.At the same time, environmental values must be promoted. R. Stein, “Water
SectorReformsinSouthernAfrica:SomeCaseStudies,”
inA.R.TurtonandR.Henwood,eds.,Hydropoliticsin
the Developing World: a Southern African Perspective
(Pretoria: African Water Issues Research Unit, 2002):
113–23.
34. Ibid.,page119.
35. Mackay,note2above,page55–56.
36. What is problematic is that most people who
have ready access to formal water services and those
who use large quantities of water in the industrial and
agricultural sectors see water as cheap and plentiful.
What is necessary is for the country to adopt a culture
ofwatersavingbyapplyingdemandmanagementpolicies. Successful water demand management will mean
thatapolicycombiningeffectiveeducationandawareness-raising is needed along with the implementation
ofeconomicinstrumentsthatwillhelpdifferentsectors
self-regulatetheirwateruse.Educationprogramscanbe
seenaslong-terminterventionswhichrequireconsiderable leadership and commitment from the government,
while economic instruments would have to be phased
in slowly to counteract the long-standing effects of
artificiallylowwaterpricesinthepastwithoutcausing
significantlynegativeimpactsonthenationaleconomy
(seeMackay,note2above,page74–75).
37. SouthAfrica’sNationalWaterActmakesprovision for public consultation, with the Minister being
obligedtotakecommentsfromthepublicintoaccountin
theprocessofdecisionmaking.Accesstoinformationis
alsoguaranteedbytheact,whichmeansthatinformation
thataffectsthepublicmustbemadeavailable,including
flood and drought warnings; any risks imposed by the
qualityofwatertolife,health,orproperty;andanyother
matterthatmaybenecessarytoachievethegoalsofthe
National Water Act (section 142). See Stein, note 33
above,page120.
38. Ibid.,page119.
39. RepublicofSouthAfrica(RSA),WaterServices
Act,ActNo.108of1997(Pretoria:DepartmentofWater
AffairsandForestry,1997),
40. N. Funke, S. H. H. Oelofse, J. Hattingh, P. J.
AshtonandA.R.Turton,“IWRMinDevelopingCountries: Lessons from the Mhlatuze Catchment in South
Africa,”Paperpresentedatthe7thWaterNet/WARFSA/
GWP-SA Symposium in Lilongwe, Malawi from 1–3
November2006.
41. Unfortunately,itisnotlikelythatsmallermunicipalities, particularly those in remote rural areas, will
easily emulate the example set by Durban. The reason
forthisisthatsmallerlocalauthoritieshavemuchmore
limitedfinancialresourcesandsimplycannotaffordthe
development and maintenance costs required to sustain
free water supplies. Another way of attaching “value”
towaterisofcoursebychangingpeople’sbehaviorand
attitudes so that they think carefully about how much
watertouseintheirdailylivesandendupwastingless
of this precious resource. Here, it is important to mention a project that has managed to successfully reduce
annual water consumption by some 16.5 percent in
the Hermanus area (Western Cape, South Africa). The
Greater HermanusWater Conservation Program, which
consistedofasuiteofshort-andlong-termtechnicaland
economictechniquesalongwithanintensiveawareness
campaign, enhanced responsiveness among all water
users, and reduced water consumption to within target
levels. During this process, water users accepted both
therationaleforthiswaterdemandmanagementprogram
and also demonstrated their individual commitment to
theprocess,therebyensuringthesuccessoftheprogram.
See Ashton and Haasbroek, note 2 above, page 194.
Suchachangeinbehaviorwillbenecessarythroughout
thecountryifSouthAfrica’swaterdemandlevelsareto
decrease. It would be good for other municipalities to
learn from Hermanus in this regard and to start implementing similar programs, as such change is likely to
bestbeeffectedatthelocallevel.
42. Thesustainablemanagementofnaturalresources
also necessitates tradeoffs to be made between social,
economic, and environmental imperatives to find an
appropriate balance. The national classification system
for water resources that the National WaterAct makes
provision for has the purpose of classifying water
resourcesaccordingtothedegreetowhichtheyshould
beprotectedorusedfordevelopmentpurposes.Interms
ofthisprovision,somewaterresourcesmaybeclassified
asrequiringahighlevelofprotectionduetotheirvalue
tosocietyandmayconsequentlyreceive a higher class
andamoreconservative“reserve.”Otherwaterresources,ontheotherhand,maybeassignedalowerclassand
a correspondingly lower “reserve” because they have
been earmarked for development purposes. The latter
wouldstillbeaffordedprotectionbutwithoutadditional
safetyfactors(seeMackay,note2above,pages59–60).
The process of defining management classes for each
river system and then providing quantitative estimates
ofwhatpercentageofeachrivershouldbeconservedfor
“reserve”purposesisstillcontinuing.Whatisimportant
tonoteisthatthesuccessorfailureoftheseapproaches
dependslargelyontheeffectivenessofindividualwater
resourcemanagersaswellastheeffectivefunctioningof
thecatchmentmanagementagencies,manyofwhichstill
havetobeestablished(seeAshtonandHaasbroek,note2
above,page193).
43. DWAF,OverviewofWaterResourcesAvailabilityandUtilisation,ReportNo.PWMA06/000/00/0203
(Pretoria,2003).
44. Stein,note33above,page122.
45. Stein,note33above,page122.
46. J.Hattingh,G.Maree,S.Oelofse,A.Turton,and
E. van Wyk, “Environmental Governance and Equity
in a Democratic South Africa,” paper presented at the
AWRA/IWLRIInternationalConferenceonWaterLaw
GovernanceinDundee,Scotland,2004.
47. Funke,Oelofse,J.Hattingh,AshtonandTurton,
note40above,page13.
48. S. Pollard and D. du Toit, “Achieving Integrated Water Resource Management: The Mismatch in
BoundariesBetweenWaterResourcesManagementand
WaterSupply,”InternationalWorkshoponAfricanWater
Laws: Plural Legislative Frameworks for Rural Water
Management in Africa in Johannesburg, South Africa,
26–28January2005.
49. Ibid.,page9
50. Ibid.,page9.
51. J. Hattingh, Maree, Oelofse, Turton, and van
VOLUME49NUMBER3
Wyk,note46above,page6.
52. P.J.Ashton,“TheRoleofGoodGovernancein
Sustainable Development: Implications for Integrated
WaterResourcesManagementinSouthernAfrica,”inA.
R.Turtonetal.,eds.,GovernanceasaTrialogue—Government-Society-ScienceinTransition(Berlin:SpringerVerlag,2007):80–100.
53. J. Hattingh, Maree, Oelofse, Turton, and van
Wyk,note46above,page5.
54. A promising exception to this overall tendency
was the Convention for a Democratic South Africa
(CODESA), which managed to mobilize substantial
skillsofnegotiationbetweenvariouspartieswithopposingviewsintherun-uptothefirstdemocraticelections
in 1994. This initiative therefore demonstrated how
South Africans from a range of diverse backgrounds
areabletocooperateunderasetofspecific,andinthis
casecruciallyimportant,conditions.SeeR.SpitzandM.
Chaskalson,ThePoliticsofTransition:aHiddenHistory
of South Africa’s Negotiated Settlement (Johannesburg:
WitwatersrandUniversityPress,2000).
55. J. Hattingh, Maree, Oelofse, Turton, and van
Wyk,note46above,page6.
56. R. Adler, N. Funke, K. Findlater, and A. R.
Turton,TheChangingRelationshipbetweentheGovernmentandtheMiningIndustryinSouthAfrica:ACritical
AssessmentoftheFarWestRandDolomiticWaterAssociationandtheStateCoordinatingTechnicalCommittee
(Pretoria:CouncilforScientificandIndustrialResearch
(CSIR),2006).
APRIL2007
57. “ResearchSeeksAnswersforCentury-OldProblem”, The Water Wheel 4, no. 2 (March/April 2005):
16–21.
58. Adler, Funke, Findlater, and Turton, note 56
above,page4.
59. Adler, Funke, Findlater, and Turton, note 56
above.A case in point is the Far West Rand of South
Africa where there is rising concern over heavy metal
and radionuclide contamination in the Wonderfontein
Spruit Catchment. The current government has commissioned the first public domain studies on this topic,
which show heavy metal contamination up to 40 times
theinternationallyacceptednorm.H.Coetzee,F.Winde
and P. W. Wade, An Assessment of Sources, Pathways,
MechanismsandRisksofCurrentandPotentialFuture
PollutionofWaterandSedimentsinGold-MiningAreas
of the Wonderfonteinspruit Catchment, WRC Report
No. 1214/1/06 (Pretoria: Water Research Commission,
2006).Thisposesasignificantchallengetechnicallyand
willtestthegovernment’scredibilityinthenearfuture.
The very fact that the government chose to fund these
reports and release them as public domain documents
isempiricalevidencethatitisseriousaboutmeetingits
Constitutional mandate for historic redress, social and
environmental justice, and intergenerational equality.
It remains to be seen, however, to which extent it will
successfullybeabletoresolvethispotentiallyexplosive
situationinpractice.
60. C.deConingandT.Sherwill,AnAssessmentof
theWaterPolicyProcessinSouthAfrica(1994to2003),
WaterResearchCommissionReportTT232/04(Pretoria,
2004).
61. Due to high levels of illiteracy in rural areas in
South Africa, posters and brochures may not be sufficient to communicate messages about local water
management. Other forms of communication will have
tobedeveloped.
62. Schreineretal.,note26above,page139.
63. A.R.Turton,J.Hattingh,M.Claassen,D.J.Roux
andP.J.Ashton,“TowardsaModelforEcosystemGovernance: An Integrated Water Resource Management
Example,”inA.R.Turtonetal.,eds.,Governanceasa
Trialogue—Government-Society-Science in Transition
(Berlin:Springer-Verlag,2007).
64. J. Hattingh, Maree, Oelofse, Turton, and van
Wyk,note46above,page1–3.
65. United Nations Development Programme
(UNDP), Human Development Report 2006. Beyond
Scarcity: Power, Poverty and the Global Water Crisis
(New York: United Nations Development Programme,
2006).
66. Ibid.,page63.
67. M.A.Max-Neef,“FoundationsofTransdisciplinarity,”EcologicalEconomics53,(2005):5–16.
68. R.W. Kates et al., “Sustainability Science,” Science, 27April 2001, 641–42.; M. Burns, M.Audouin,
and A. Weaver, “Advancing Sustainability Science in
SouthAfrica,”SouthAfricanJournalofScience102,no.
9/10(September/October2006):379–84.
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