2.10. LEGISLATION
2.10.1 SOUTH AFRICAN LEGISLATION
In keeping with most countries of the world, industrialization sparked the beginning of South Africa's pollution problems. As a result, South Africa's economy has played a major role in the development of legislation controlling water pollution. The promulgation of the Water Act (Act 54 of 1956) signified the move from an agricultural based economy to one in which industry played a major role. According to this Act, industries were not longer allowed to discharge raw effluent to the treatment works without prior arrangement with the Treatment Works. Industries must pre-treat effluents to specific standards thus removing toxic compounds, non biodegradable
organic, mineral salts, organic loadings before discharging the effluent to the Treatment Works for final treatment.
The purpose of legislation is therefore to assume that the water entering the water systems meet a minimum national standard for the protection of the waterbodies and for the protection of public health. As a result, of the decline in quality of South Africa's limited water resources, the government has imposed legislation to curb the pollution of the water resources. The role of the South African government, through the Department of Water Affairs and Forestry is one of leadership. As custodian of the water resources of South Africa, the Department of Water Affairs and Forestry plays a leading role in the development of guidelines and procedures for water resources management as well as ensuring that the country's water needs can be met. The new National Water Bill also provides legislation for water management responsibilities (Umgeni Water, 2001).
South Africa's new water legislation recognizes that there are limits to the development of new dams and water transfers as water is·· a limiting factor to economic growth. In order to provide for growth and development of the South African economy in the twenty first century, attention is being paid to current water usage which is often wasteful and inefficient. There has, thus, been a paradigm shift in approach away from an exclusive focus on conventional resource development to one which encompasses water conservation.
According to the White Paper on Environmental Management Policy of SA, the present water policy emphasizes the environment's role as the source of water rather than a user competing for the resource and the need to identify a reserve of water to meet environmental and domestic consumption needs. Water quality management now embodies the principles of pollution prevention, a precautionary approach and receiving water quality standards to meet user needs. Furthermore, it is estimated that South Africa is using about two-thirds of annual average rainfall and irrigation (52,2%) is the largest user, and at present, an estimated 21 million South Africans do not have adequate sanitation.
Proportional Water Demand by Sector:1980 AND 2010 (estimate)
Irrigation
Ecological use, estuaries and lakes Municipal and domestic
Forestry runoff reduction Industrial
Mining
Power generation Stock watering Nature conservation
1980(%) 52.2 17.0 9.3 7.9 6.3 2.9 1.7 1.6 1.1
2010 45.9 10.7 17.3 6.6 11.4 2.5 3.5 1.4 0.9 Source: Department of Water Affairs, 1997
2.10.1.1 NATIONAL WATER ACT (NO 36 of 1998)
The main purpose of the National Water Act (no 36 of 1998)(NWA) is to ensure that the country's wastewater resources are developed, conserved, managed and controlled in ways which take into account a number of actors including promoting the efficient, sustainable and beneficial use of water in the public's interest. !he Act sets out a number of general conditions pertaining to water conservation, inter alia:
a) Section 5-7 require that the Minister of Water Affairs and Forestry establishes a National Water Resources Strategy which sets out the strategies, objectives, plans, guidelines, procedures and institutional arrangements relating to the protection, use, development, conservation, management and control of water resources;
b) Sections 8-11 require that the Minister establishes a catchment strategy which sets out the strategies, objectives, plans, guidelines and procedures of the catchment management agency for the protection, use, development, conservation, management and control of water resources within its management area; and
c) Section (56(2) makes provision for the setting of water use charges to fund water resource management including water conservation (Umgeni Water Conservation Policy, 1999).
2.10.1.2 WATER SERVICES ACT (NO 108 OF 1997)
The Water Services Act (No 108 of 1977) (WSA) allows water boards to be established by the Minister of Water Affairs and Forestry with their primary function being to provide water services to other water services institutions within a defined area. A Water Board may perform other activities only if such activities do no limit its capacity to perform its primary activity. A policy statement and a Business Plan prepared by each Water Board annually for the following five financial years are used to regulate and monitor the performance of a Water Board (Umgeni Water, 1999).
The constitution of South Africa (1996) guarantees the people the right to life (and to a life of dignity); the right to access to sufficient water and the right to an environment that is not harmful to their health or well-being. The White Paper on a National Water Policy for South Africa (1997); the Water Service Act (1977) and the National Water Bill are now three documents which will enable the government to protect the rights of the people of South Africa in relation to water.
As a means of complying to the right to access to sufficient water, government has decided to provide 6000 litres of free water per household per month which contradicts the internationally accepted conventional wisdom that even the poorest should contribute to their cost of water consumption (White Paper on the National Water Policy, 1997).
It was argued that if people don't pay, then they will waste water and allow the infrastructure for the supply of free water to run down. However, Water Affairs and Forestry Minister Ronnie Kassrils outlined what prompted him to defy the orthodoxy of water experts. He concluded that even though piped water was provided to the rural areas, the people would rather avoid the taps and meters and payments on metered
water instead draw free water from streams "no matter how polluted the water was"
(Laurence, 2001).
There are new institutional changes currently under development and as such there is a corresponding shift in powers and legislative controls with local governments being given increased powers to manage individual provinces.