National State of the Environment Report - South Africa  
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Responses

The response of freshwater systems and resources is described under the following headings:
International treaties, protocols
and policies
South African
legislation and policy
Implementation

There are various responses at different levels in order to manage our water resources in a sustainable manner, including developing and adhering to international initiatives, setting relevant policy through legislation, implementing policy at an operational level (institutional arrangements; enforcement and monitoring) and implementation of special programmes to combat specific problems (e.g. Working for Water Programme).

International treaties, protocols and policies:  Top of Page

South Africa is a signatory to or abides by several international protocols that are important to water management (see Outcomes section), including:

  • Helsinki Rules on shared water courses http://www.mfa.gov.tr/GRUPF/water/annex/annex2.htm, which state that each basin state has a right to the reasonable and equitable share of the water in the basin and that the greatest benefit should be achieved with the least disadvantage to other states.
  • SADC Protocol on Shared Water Course Systems, which has been ratified by South Africa, Lesotho, Botswana and Mauritius.
  • Convention on Wetlands of International Importance, especially as Waterfowl habitat (Ramsar; see State).
  • Convention to Combat Desertification (see Terrestrial Ecosystem section).
  • United Nations Framework Convention on Climate Change (see Climate and Atmospheric Change section).

Several commissions, committees and organisations ensure that there is co-operation between South Africa and her neighbours where international rivers are concerned including

  • Tripartite Technical Committee (Mozambique, Swaziland and South Africa);
  • Limpopo Basin Technical Committee (South Africa, Botswana, Zimbabwe and Mozambique);
  • Trans-Caledon Tunnel Authority (South Africa and Lesotho).
  • Komati Basin Water Authority (South Africa and Swaziland).
  • Vioolsdrift Noordoewer Joint Irrigation Authority (Namibia and South Africa).

South African legislation and policy:  Top of Page

Most legislation pertaining to the environment (see Box 3.3 below) affects water resources, either directly or indirectly. The most important are the Water Services Act 108 of 1997 and the National Water Act 36 of 1998, which fall under the authority of the Minister of Water Affairs and Forestry. Also of importance is the Minerals Act 50 of 1991.

Box 3.3: Main Acts affecting South Africa'swater resources

Water Services Act 108 of 1997 - provides for the rights of access to basic water supply and basic sanitation and the institutional structures required to provide water.

National Water Act 36 of 1998 - provides for the reform of the water law relating to water resources.

Minerals Act 50 of 1991 - regulates prospecting for and exploitation, processing and utilization of minerals; to provide for the safety and health of persons concerned in mines and works and regulates utilisation and rehabilitation of land during and after prospecting and mining operations.

Water Research Act 34 of 1971 - established the Water Research Commission in order to promote research in connection with water resources.

Lake Areas Development Act 39 of 1975 - provides for the establishment of lake areas under the control of a Lake Areas Development Board.

Mountain Catchment Areas Act 63 of 1976 - recognises mountain catchments as sensitive areas and makes provision for their conservation.

Health Act 63 of 1977 - promotes the health of the inhabitants of the Republic and provides for the rendering of health care services, as well as making provision for local authorities to monitor water quality.

Conservation of Agricultural Resources Act 43 of 1983 - provides control over the utilisation of the natural agricultural resources in order to promote the conservation of the soil, the water sources and the vegetation and to combat weeds and invader plants.

Environment Conservation Act 73 of 1989 - provides for the effective protection and controlled utilisation of the environment.

National Environmental Management Act 107 of 1998 - provides for co-operative environmental governance by establishing principles for environmental decision-making; identifies institutions that will promote co-operative governance and determines procedures for co-ordinating environmental functions of state departments.

Water Services Act 108 of 1997

In the light of the uneven distribution of the water resources of the country and previous inequitable policies, the Water Services Act is important in ensuring that people'sbasic needs are met, i.e. water supply and sanitation. It ensures that there is sound planning and that water service providers are set up all over the country to cater for everyone.

National Water Act 36 of 1998

The National Water Act has replaced the old Water Act 54 of 1956 of 40 years standing. It has completely reformed the water law in South Africa, bringing into legislation aspects of policy that were previously only talked about. The Act is based on the principles of sustainability of use and equity of distribution. The main provisions affecting the environment are:

  • The development of a national water resource strategy setting out strategies, objectives, plans, guidelines, procedures and institutional arrangements relating to the protection, use, development, conservation management and control of water resources.
  • The development of catchment management strategies, complementing the national water management strategy.
  • Protection of the water resources by developing a classification system and setting resource quality objectives.
  • Determination of the "Reserve", which consists of the basic human needs reserve and the ecological reserve.
  • Pollution prevention, including emergency incidents.
  • Provisions for the control of water allocation and use, and streamflow reduction activities.
  • Setting a pricing strategy as a form of demand management. Social equity will be taken into consideration.
  • Establishment of Catchment Management Agencies (CMAs) to delegate water resource management to the catchment level.
  • Establishment of water user associations, advisory committees and international water management agencies.
Minerals Act 50 of 1991

Although the Minerals Act does not pertain directly to water, it has important implications for the water environment. It requires that all operating and prospecting mines submit an Environmental Management Programme Report (EMPR), which includes pollution management strategies, to the Department of Minerals and Energy. If the proposed environmental management programme (EMP) is acceptable, it is then approved by the Department. Up until 1997, 4 005 EMPRs had been submitted for mining, of which 63% had been approved, and 3 487 submitted for prospecting, of which 87% had been approved (Department of Minerals and Energy 1997).

Implementation:  Top of Page

Hydrology and water supply:

Very little can be done to change the natural climatic conditions determining the nature of South Africa'swater resources. However, the response in the past has been to regulate rivers, to ensure sufficient water in dry years and control flooding in wet years. The DWAF has a network of gauging stations to monitor the fluctuations in water supply (about 1100 streamflow stations and 220 flow meters on pipes; as well as 850 meteorological stations http://www_dwaf.pwv.gov.za /directorate/hydrology.

Water for the environment has been recognised in the last decade and large projects require instream flow assessments, to determine environmental water requirements, as part of the Integrated Environmental Management process.

Future options to increase water supply include importing water from other southern African rivers (e.g. Okavango, Zambezi); desalination of seawater and icebergs. Water importation has large political implications, whilst the other options are currently too expensive. Therefore, responses other than supply management are required. Demand management, through pricing of water, is a recognised option (see Economic Dimensions section). Previously water was treated as a public resource with very little price attached. This has led to over-utilisation. With the new culture of payment generated through the Masekane Programme, water pricing can be considered a key option for demand management.

Working for water programme
The working for water programme.
A specific response to a specific problem is that of the Working for Water Project of the DWAF. The programme was started in 1996 in response to the recognition that alien invasive plants were using an estimated 7% of the country's MAR. The Programme uses local labour to clear alien vegetation, thus increasing water flow and providing jobs. In the 1997/98 financial year R 245 million was spent on the Programme. So far about 55 000 jobs have been created and 340 000 ha cleared (Working for Water Programme 1998).

Pollution control:

Until recently the DWAF applied the Uniform Effluent Standards approach to pollution control. General and Special Effluent Standards were promulgated regulations, and all industries had to comply with these standards, unless they were in possession of an exemption permit (Section 21 of the Water Act 54 of 1956). Despite these efforts to control pollution, the quality of South Africa'swater resources continued to deteriorate.

To counter water quality deterioration and to adapt to the social, economic and political changes taking place in the country, the DWAF phased out the Uniform Effluent Standard approach in favour of the Receiving Water Quality Objectives approach for non-hazardous substances, and the Pollution Prevention approach for hazardous substances (DWAF 1991). Water Quality Guidelines for each user group (domestic, recreational, industrial, agricultural and aquatic ecosystems) have been developed to indicate the required quality of receiving water bodies for different uses (DWAF 1996).

A recent policy initiative on Integrated Pollution Control and Waste Management (IPC&WM), which is due to be written into legislation in 2000, will change the sectoral nature of pollution control. The White Paper on IPC & WM identified several strategic objectives for the water environment ( IPC & WM 1997):

  • pollution of the water resource (receiving environment) cannot be managed in isolation, but requires integrated management of water quantity and water quality aspects;
  • the natural aquatic environment is an integral part of the water resource and not just another user. No water user or land user can impose on the water resource to the extent that the natural environment'ssurvival and healthy functioning is compromised;
  • water quality management control must be implemented (operational and control functions) on a catchment level.
  • the water resource must be protected from pollution, irrespective of the point in the water cycle and must include surface water, atmospheric water and groundwater.

Enforcement of regulations requires a regulatory framework, including monitoring, permit allocation and information management. Information was not available on the permits issued to various water users. The National Surface Monitoring Programme of the DWAF has about 850 active stations (859 in 1996) monitoring water quality, with about 16 100 inorganic analyses being conducted each year (1996 data). The budget for water quality management in the DWAF is shown in Table 3.5.

Table 3.5 Budget for water quality management for 1990 and 1999, normalised to current values (S van der Westhuizen, DWAF, pers. comm.)
  1990
(R million)
1999
(R million)
Regional 30 30
Institute for Water Quality Studies 10 17
Central 4 30 (+15 from Danish Aid)

Institutional:

In response to the problems that have arisen in the past, and the recognition of the catchment as the ideal management unit, changes to the institutional structures for the management of water resources are occurring. Of particular importance is the establishment of Catchment Management Agencies (CMAs) in accordance with the National Water Act 36 of 1998. Eighteen Catchment Management Agencies (CMAs) have been proposed, but these will only be finalised in the coming year.CMAs allow for the implementation of integrated catchment management and integrated water resource management, policies that have been supported by the DWAF for years.

Until such time as the CMAs are functional, Government water control areas remain important in the management and allocation of water resources. The Water Act 54 of 1956 allowed the Minister to declare Government water control areas in any area where the abstraction, utilisation, supply or distribution of the surface- or groundwater needed to be controlled in the public interest. There are currently 236 water control areas (J Joubert, DWAF, pers. comm.)

Research:

Research provides essential information for decision-makers and resource managers. The correct response to a driving force, pressure or impact may depend on the quality of information provided. The Water Research Commission is the official body providing funding for water research in South Africa. Of the research funded, over half is directly related to the management of the water environment (Figure 3.25).

Fig 3.25 Distribution of research funding from the WRC for 1997.
Figure 3.25 Distribution of research funding from the Water Research Commission (WRC) for 1997.

Top of Page >     Freshwater: Outcomes

There is also information about Freshwater Systems and Resources in the following reports:
Metropolitan reports:
Arrow Cape Metropolitan Council (1998 edition) Arrow Durban Pilot Study
Arrow Greater Johannesburg Metropolitan Council (1999 edition) Arrow Greater Pretoria Metropolitan Council (1999 edition)

   
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Last update: October 1999