CHAPTER 2: LITERATURE REVIEW
2.5 THE POLICY, LEGISLATIVE AND INSTITUTIONAL FRAMEWORK
2.5.1 Policy Framework
There are five key policy documents that apply to water supply and sanitation in South Africa:
• The 1994 White Paper on Water Supply andSanitation
• The 1996 White Paper on Sanitation
• The 1997 White Paper on Water Policy
• The 2002 Proposed National Water Resource Strategy
2.5.1.1 White Paper on Water Supply and Sanitation (1994)
The White Paper on Water Supply and Sanitation recognises that the lack of basic services in South Africa such as water supply and sanitation, is a key symptom of poverty and underdevelopment. Water is in fact, central to development.
Basic water principles
The White Paper identifies the following eightbasic water principles:
(i) Development should be demand driven and community based. Decision-making and control should be devolved as far as possible, to accountable local structures and communities should accept responsibility for their own development, with the assistance of the state.
(ii) Basic services are a human right. Every person has a right, in terms of the Constitution,to a level of services adequate to provide a healthy environment.
(iii) "Some for All", rather than "All for Some".Priority will be given to those who are presently inadequately served.
(iv) Equitable regional allocation of development resources
(v) Water has economic value. Recognition is given to the scarcity of good quality water in the country.
(vi) The user pays. This is a central principle to ensure sustainable and equitable development, as well as efficient and effective management.
(vii) Integrated development. Water and sanitation development are not isolated from development in other sectors.
(viii) Environmental integrity.
Basic service provision policy
Guidelines for the provision of water and sanitation services,with special reference to the less developed areas of South Africa, were outlined in the White Paper on Water Supply and Sanitation, which was released in 1994. The policy statement (DWAF 1994) set as an objective that all South Africans must have access to a basic water supply and sanitation service by 2002 or earlier. Basic water supply is defined in the White Paper (DWAF 1994:15) as being:
(i) A minimum of 25 litres per person per day. This is considered the minimum requirement for consumption, preparation of food and personal hygiene. The White Paper does recognise that 25 litres is not considered to be adequate for a full, healthy and productive life, which is why it is considered as a minimum. (Gleick (1998) proposes a minimum of 50 litres per person per day to sustain life).
(ii) Available water within a maximum of 200 metres from all dwellings. The distance should be reduced in areas of steep terrain to take into account the extra effort required to carry waterup steep slopes.
(iii) A flow rate from the outlet of at least 10 litres per minute.
(iv) A regular, daily available supply.
(v) An effective and assured supply (i.e."raw" water 98%of the time, even in times of drought and, no more than 1 weeks interruption in supply per year).
(vi) A quality of water that is in accordance with currently accepted minimum standards with respect to health related chemical and microbial contaminants. The potability of the supply (taste, odour and appearance) must also be acceptable to the consumer.
(vii) An upgradeable supply to allow for future householdconnections.
Government's free basic servicespolicy
As part of the South African Government's strategy to alleviate poverty in South Africa,a policy for the provision of a free basic level of services has, in the past couple of years, been promoted. In the words of President Mbeki, "the provision offree basic amounts of electricity and water to our people will alleviate the plight of the poorest among us."
(Mbeki 200 I: I). However, although national and provincial government are obliged to provide support to local government, it is the latter that is constitutionally mandated to deliver water services. Much of the ultimate responsibility for delivering free basic water therefore rests on local government.
Implementing this policy successfully is a complex task that requires a wide range of issues to be addressed both nationally and locally. The process of implementation also differs across municipalities. Given thevery differentincome and service level profiles of municipalities, some will find it relatively easy to implement the policy while others will face severe constraints.
2.5.1.2 White Paper on Sanitation (1996)
The White Paper places major emphasis on health and hygiene education and promotion.
Very importantly, it makes health education and promotion an integral part of all community sanitation projects and community water supply improvement projects.
Policy principles
The National Sanitation Policy includes the same eight principles as stated in the White Paper on Water Supply and Sanitation,with the addition of two further principles namely:
(i) Sanitation is about health. Sanitation is not just about the construction of toilets but includes all forms of sanitation improvement and is accompanied by promotional activities as well as health and hygieneeducation.
(ii) Sanitation is a community responsibility. This must be emphasised through sanitation awareness programmes.
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2.5.1.3 White Paper on Water Policy (1997)
An important feature of the White Paper is that the objective is no longer just to promote equity in access to and benefiting from the country's water resource, but to make sure the needs and challenges of South Africa in the 21stcentury can be addressed.
The White Paper provides an extensive list of key proposals. Some of these proposals are listed:
(i) The status of the nation's water resources as an indivisible national asset will be confirmed and formalised
(ii) Only water required to meet basic human needs and maintain environmental sustainability will be guaranteed as a right (known as the Reserve).
(iii) Other water uses will be subject to a system of allocation based on uses that promote the optimal achievement of equitable and sustainable economic and social development.
(iv) In an effort to promote the efficient use of water, users will be charged for all the financial costs of providing the service.
(v) To promote equitable access to water for basic human needs, provision will be made for some or all of the charges to be waived.
(vi) All major water user sectors must develop a water use, conservation and protection policy.
2.5. 1.4 Proposed National Water Resource Strategy
This strategy sets out ways in which to achieve integrated water resources management. It is the implementation strategy for the National Water Act (Act No 36 of 1998) and provides the legally binding framework within which water resources will be managed in this country in the future. The strategy outlines a number of goals and objectives of water resource management for the country and provides plans, guidelines and strategies to achieve these goals. The strategy identifies opportunities for social and economic development where water is available, and the developments required to achieve them (DWAF 2002b).