PRESENTATION TITLE
Presented by:
Name Surname
Directorate
Institutional Oversight
Regulation Imbizo
Date
Presented by: Thoko Sigwaza
Date: 13/05/15
CONTENT
 Context, mandate and establishment
progress
 CMA functions
 DWS functions
 Interim arrangements
 Key regulatory activities
 Key challenges
 Recommendations and way forward
CONTEXT, MANDATE AND
ESTABLISHMENT PROGRESS
POLICY AND CONTEXT
 The Department is the custodian of National water
resources, is responsible for policy and regulation of
the sector.
 In the absence of established
undertakes these functions.
CMA’s,
DWS
 Water Management Institutions manage and regulate
water at a localised level.
4
LEGISLATIVE MANDATE
 CMAs are established in terms of section 78(1) of
the National Water Act, 1998 (Act No 36 of 1998).
 Statutory bodies established in terms of Chapter 7
of the National Water Act and listed as schedule 3a
entity under the PFMA-service delivery Public
entity
MANDATE

The purpose of the CMA is to delegate water resource
management to the catchment level and to involve local
communities in the decision-making processes

The intention is for water resource management to:





meet the basic human needs of present and future
generations;
promote equitable access to water;
redress the results of past racial and gender discrimination
and;
facilitate social and economic development
Water resource management is the foundation for both
growth and Development. If not managed we will not
be able to ensure socio-economic development into
the future
THE ROLE OF CMAs
• Manage water resources in a defined Water
Management Area (WMA).
• Co-ordinate the functions of other institutions
involved in water related matters
• Involve local communities in water resource
management
• Protect use, develop, conserve, manage and control
in a sustainable and equitable manner
PROGRESS ON THE CMAS ESTABLISHMENT AND KEY TIMELINES
TEN RISKS
CORE BUSINESS
19 March
2012
Minister approved the establishment of nine CMAs in nine
WMAs
21 May 2012
Gazetting of WMAs for public consultation approved.
20 July 2012
Gazette Notice published for comment 9 WMAs in SA.
October 2013
Gazette notices for the establishment of Inkomati Usuthu
and Breede Gouritz CMAs published.
May 2014
2 CMAs gazetted for establishment (Limpopo/NW and
Pongola Umzimkhulu
August 2014
Feb 2015
Olifants CMA gazetted for establishment
Vaal CMA gazetted for establishment
1 April 2015
Acting CEOs for Proto-CMAs appointed
1 April 2015
Ring fencing of water resource management functions–all
Proto-CMAs to operate within 9 Water Management Areas
April 2016
CMAs established
CMA PROGRESS
PHASES
NAME OF THE CMA
STATUS OF CMA
Phase 1: 2012-2013
Inkomati-Usuthu
Gazetted the CMA for establishment,
appointment of board completed
Breede-Gouritz
Olifants
Gazetted the CMA for establishment,
selection panel appointed to recommend
board
Gazetted the CMA for establishment,
selection panel appointed to recommend
board
Gazetted the CMA for establishments,
selection panel appointed to recommend
board
Gazetted the CMA for establishment
Vaal
Gazetted the CMA for public consultation
Berg-Olifants
Business case finalised
Mzimvubu-Tsitsikamma
Business case finalised
Orange
Development of business case and public
participation process initiated
Pongola-Umzimkulu
Phase 2: 2014-2015
Phase 3: 2015-2016
Limpopo-North West
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CMA FUNCTIONS
CMA FUNCTIONS
Developing relationships and legitimacy
Within the first two years perform initial functions and delegated
additional functions;
•
•
•
•
•
•
Development and maintenance of stakeholder structures and
engagement with stakeholders
Developing the institutional mechanisms to support the
coordination of water related activities by water users and
institutions
Development of the Catchment Management Strategy
Involvement in water use registration, verification of water use
and validation of information
Advising and supporting licence applicants on the licensing
process and requirements
Checking water use against licence conditions and informing
DWS of the results where compliance enforcement is required.
CMA FUNCTIONS
Build capacity and consolidate
•
•
•
•
•
Water Resources Monitoring CMA delegated the power to
monitor water resources as necessary for the implementation of the
CMS and the management of water at the WMA level...CMA must
comply with monitoring standards and protocols
Disaster Management CMA delegated the authority to assess and
manage droughts, floods and water quality disasters in the WMA.
Water Conservation and Demand Management The
implementation of WC/WDM is the encouragement of water users
to conserve water, thus lowering the overall demand for water.
CMA should be involved in assisting to implement WC/WDM
strategies.
Operating of Waterworks Under specific circumstances CMAs
may be required to either develop or operate waterworks.
Schedule 3
Institutional Oversight Responsible for institutional oversight
within the WMA, which includes co-ordinating with institutions,
establishing stakeholder forums and providing support to other
water management and water services institutions.
CMA FUNCTIONS
Fully functional and responsible authority
• Water Use Authorisation and Licensing (Authorise water use
and issue licenses.
• Issuing of Directives
CMA delegated the power to issue directives (over and above
the inherent powers in this regard conferred by the NWA). The
directives could include, but will not be limited to:
• Requesting alterations to waterworks
• Determining operating rules for systems
• Controlling, limiting, and prohibiting water use.
Function / Activities
Trading Account
Abstraction activities
1.Catchment
management
strategy and Water
resources planning
Main Account
Waste discharge activities
Resource studies, investigations and integrated strategy
development at a catchment level
Abstraction activities
Waste discharge activities
•Integrated water resources planning (e.g. national
reconciliation strategies) Institutional establishment
•Institutional establishment
Water allocation administration
Water quality
management plan
•National policies, strategies and guidelines as well
as monitoring
2. Resource
directed measures
Implement programmes to monitor Resource Quality Objectives
(RQOs);
Implement source-directed controls to achieve resource quality
objectives
Report against the achievement of the Class and RQOs;
Report on the water balance per catchment (i.e. water available
for allocation after consideration of ecological requirements)
National policies, strategies and guidelines as well
as monitoring
Establish a system for classifying water resources
Determine the Class of water resources
Determine the Resource Quality Objectives of
water resources
Reserve determination of water resources
Develop & implement programmes to audit
achievement of resource directed measures
Develop guidelines to operationalise resource
directed measures
3. Water use
authorization
•Water use authorization [Registration of water use (Include
Validation and verification of registered water use)]
•As per current NWA delegations: delegation 21A and 21B
Maintenance of a national register of water use
Revenue management with the
following charges
Abstraction & stream flow reduction
activities Authorization
4.
Control
enforcement
water use
and
of
Waste discharge
activities Authorization
Compliance Monitoring and Enforcement of Water Use (e.g.
enforcing meter installations, suspending entitlements, enforcing
licence conditions)
Control Monitoring and enforcement of Water
Management Institutions
Abstraction & stream flow reduction activities
control
Dam safety control (private dams)
Waste discharge
control
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Function / Activities
Trading Account
Abstraction activities
Main Account
Waste discharge activities
Pollution incident
planning and response
(management)
Abstraction activities
Waste discharge activities
5. Disaster
management
Planning and management of
disaster (Administration)
6. Water resources
management
programmes
Integrated Water resources programmes
Development of Water management
strategies and guidelines as well as guidelines
Implementing of Water
management strategies (e.g. Water
conservation and demand
management)
•National policies, strategies and guidelines as
well as monitoring
Implementing of Water
management strategies
(e.g. cleaner technology,
dense settlements,
waste discharge
strategies)
National policies, strategies and guidelines as
well as monitoring
Fund disaster process and claim from NT
7.
Water
related
institutional
Development
(Stakeholder
Management
empowerment)
Stakeholder participation, empowerment, institutional
development & coordination of activities
o Establishment and regulation of water management
institutions (e.g. WUA's)
oStakeholder consultations
oCapacity and Empowerment of stakeholders
•National policies, strategies and guidelines as
well as monitoring
•National stakeholder participation
8. Water weed control
(Adopt-A River)
Aquatic Weeds Control(e.g Adopt-A-River)
•National policies, strategies and guidelines as
well as monitoring
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Function / Activities
Trading Account
Abstraction activities
9. Geo-hydrology and 
hydrology
(water
quality)


10.
International 
relations
11.Administration
Overheads
&
Main Account
Waste discharge activities Abstraction activities
Groundwater and surface water (quality) monitoring in

respective catchment areas
Maintaining the geo-hydrological database & compilation of
information in respective catchment areas
River health monitoring in catchment areas

Operational issue
Administration & overheads for regional office or CMA


Waste discharge
activities
Monitoring Programmes (e.g. Hydrology,
National Geo-hydrology sites) on
National Scale (including strategic
points)
Ground water and surface water
explorations and feasibility studies
Compiling of maps and yield information
Treaties and Agreements
THE GENERIC FUNCTIONAL STRUCTURE OF
THE CMA
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DWS FUNCTIONS
DWS FUNCTIONS
The functions that will be retained by DWS in the long term
are:
•
•
•
•
•
•
Development, revision and amendment of policy and
legislation
National water resources planning and reconciliation of supply
and demand,
Development, operation and maintenance of national
monitoring and information systems
Authorisation of strategic water use, national infrastructure
development and operation, and determination of inter-basin
transfers
Regulation and oversight of CMAs, and WUAs managing
government waterworks or with government guaranteed loans
Determination of classification, reserves and resource quality
objectives for water resources of national significance or
with significant inter-water management area implications
DWS FUNCTIONS
•
•
•
•
•
•
•
•
Developing and ensuring the implementation of the National
Water Resource Strategy, including the raw water pricing
strategy
Determination of monitoring and information protocols and
standards
Flood monitoring and management in national systems
Development, operation and maintenance of national water
resources infrastructure
Determination of guidelines and regulations for establishment
of institutions
Ensuring water use authorisations are in line with national
policy, procedures and guidelines, including policies on
redress and equity
Providing technical support to CMAs
Negotiating and overseeing agreements in transboundary
basins.
INTERIM ARRANGEMENTS
INTERIM MANAGEMENT ARRANGEMENT
 Where the CMAs do not exist, the Minister is accountable for water resource
management.
 If the interim management arrangements are not in place the establishment process
could be delayed due to lack of clarity of responsibility and accountability especially
in areas where one CMA crosses three Regions.
 Not consolidating the functions and budget from nineteen to nine Proto-CMAS
would have operational, legal and financial implications in performing functions,
determining the yields and setting the tariffs in accordance to the pricing strategy.
 Proto-CMA to report and account to Acting Chief Executive Officer which is Director:
Institutional Establishment (D: IE) until the CMA is established and the CEO is
appointed.
 Acting CEO to report and account to DDG: Water Sector Regulation as the
custodian of oversight issues.
 Director Institutional Establishment will be transferred to the CMA in terms of the
transfer agreement
22
Internal Operational Procedures

The seven proto CMAs, Berg-Olifants; Mzimvubu-Tsitsikamma;
Orange; Vaal; Pongola; Olifants and, Limpopo are ring-fenced
from the Provincial Office operations on the 1 April 2015.

Between 1 April 2015 and the formal establishment of the CMAs
together with its own internal governance and support structures,
a number of interim operating procedures need to be defined
to ensure that:
 Suitable governance structures are in place and that there is
a line of communication between the proto CMA executive
and the Provincial Office executive;
 The proto CMAs have access to resources from the
Provincial Offices; and,
 There is effective compliance with the PFMA, internal DWS
procedures and other delegated mandates.
KEY REGULATORY FUNCTIONS
Compliance monitoring
Key Performance Indicator
Retained
by DWS
Annual inspections
Monitoring programmes (DWS to oversee
CMAS) (performance audits)
Assigned to
Proto-CMAs
x
X
x
Integrated Environmental
Management IDPs and EMPs
• CMA (or proto CMA) is an entity to be consulted and
will provide feedback on these applications and plans
• DWS will remain involved in a participatory capacity
Ministerial and Ad Hoc Requests
• Regional and National DWS to work closely with the
CMA on water resources and related issues
• DWS to drive process of ensuring the complaint is
addressed, however where the are issues relating to
water resources, the CMA and CEO’s must be
involved
Implementation of Regulatory
Monitoring Performance
Management System
• Auditing reporting and capturing of data to
remain responsibility of DWS
Economic regulation and Social
regulation
• Tariff approvals/regulation, or social
regulation to remain with DWS
Enforcement monitoring
GEO HYDROLOGY FUNCTIONS
Key Performance Indicator
(Activities)
Retained
by DWS
1.
National(ambient)-monitoring-assessment-information
X
2.
Regional(impact)-monitoring-assessment-information
x
3.
Local(compliance)-monitoring-assessment-information
4.
5.
6.
7.
8.
9.
10.
11.
12.
-
Assigned to
Proto-CMAs
x
Key challenges
KEY CHALLENGES
CHALLENGES DURING THE TRANSITIONAL
ARRANGEMENTS FOR WRM FUNCTIONS TO PROTO-CMAs
• The business processes have not been clarified in terms of roles
and responsibilities within the Department
• The issue of ring fencing WTE technical staff performing both WTE
and Main account has not been finalised
• Delegations of many WRM functions are with the Department, as a
result there should be a good working relations between the Acting
CEO and the Department/Provincial Head, either by SLAs or MoUs
• The business plan for Proto-CMAs should feed in the Departmental
business plan. To prevent gaps.
• Within provincial operations currently two directorates are
performing compliance monitoring they are the Directorate:
Institutional Establishment (proto-CMA) and the Directorate:
Regulation.
RECOMMENDATIONS
Recommendations
• Roles, functions and interfaces need to be
clarified as there are a number of “grey areas”
and seemingly duplicated functions
• Can only be done in consultation with line
functions and key regional stakeholders
• A consultative workshops is proposed for this
purpose
THANK YOU