Policy Framework within Regulation

Presented by:
by: Ms. M Brisley
CD: Water Policy
Date: 13 May 2015
Presentation outline
Constitutional obligation
Principles guiding water and sanitation policy formulation
Water and sanitation policy framework
Key policy issues
Current policy challenges
Recent developments
Status on water and sanitation policy and legislation
Implications of the review of current water and sanitation
policy and legislation
• Way forward
Separation of Water and Sanitation functions 5 years ago
Lessons learnt on what have worked or not
Accelerate the implementation of policy
Determine the interim services
Need for integration of all policies for Water and Sanitation
Highlight linkages between Water and Sanitation
Constitutional obligation
• S10 - “everyone has inherent dignity and the right to have their
dignity respected and protected.”
• Clear cross over between dignity and sanitation
• S24 (a) - “everyone has a right to an environment that is not harmful
to their health or well-being”
• S27 (1)(b) - “everyone has the right to have access to sufficient water”
• 27(2) obliges the state to “take reasonable legislative and other
measures, within its available resources, to achieve the progressive
realisation” of everyone’s right of access to sufficient water.
Principles guiding water and sanitation policy
• Equity
• Efficiency
• Sustainability
• Transformation and good governance in water resource management
and regulation
• Water for Economic and Social development
• Climate change
Water and Sanitation Policy Framework
A number of progressive water and sanitation policies and strategies
have been developed since 1994, namely:
• White Paper on Water Supply and sanitation (1994)
• White Paper on National Water Policy (1997)
• White Paper on Basic Household Sanitation (2001)
• The Strategic Framework for Water Services (2003)
• Water Policy Positions (2014)
Key Policy Issues
White Paper on Water Supply and Sanitation (1994)
• Framework for ensuring equitable access to water supply and
sanitation services
• Formulated on the premises of the Reconstruction and Development
Programme (RDP)
• Defined adequate sanitation
• Primary principle is that water services development should be
“demand driven”
• The key issue was the absence of a coherent policy for water supply
and sanitation services
Key Policy Issues
White Paper on National Water Policy (1997)
• This White Paper was the product of two years of hard work and
wide consultation.
• The first outcome was the production of the Fundamental
Principles and Objectives for a New Water Law in South Africa
which were approved by the Cabinet in November 1996.
• A National Water Bill was drafted on the basis of this White
Paper, that was tabled in Parliament during the course of 1997.
Policy principles
• The status of the nation’s water resources as
an indivisible national asset will be confirmed
and formalised.
• National Government will act as the custodian
of the nation’s water resources and its
• Powers in this regard will be exercised as a
public trust
• All water in the water cycle whether on land,
underground or in surface channels, falling on,
flowing through or infiltrating between such
systems, will be treated as part of the common
resource and to the extent required to meet the
broad objectives of water resource management,
will be subject to common use principles
• Only water required to meet basic human
needs and maintain environmental
sustainability will be guaranteed as a right.
This will be known as the Reserve.
• In shared river basins, Government will be
empowered to give priority over other uses to
ensure that the legitimate requirements of
neighbouring countries can be met.
• All other water uses will be recognised only if
they are beneficial in the public interest.
• These other water uses will be subject to a
system of allocation that promotes use which
is optimal for the achievement of equitable
and sustainable economic and social
• The new system of allocation will take into
consideration the investments made by the
user in infrastructure for water use.
• The new system of allocation will be
implemented in a phased manner, beginning
in these water management areas.
• All water use, wherever in the water cycle it occurs, will be
subject to a resource conservation charge where there are
competing beneficial uses or where such use significantly
affects other users.
• The use of rivers and other water resources to dispose of
wastes will also be made subject to a catchment
management charge which will cover actual costs, and a
resource conservation charge where there are competing
beneficial uses for such use and/or such use significantly
affects other users.
• To promote equitable access to water for disadvantaged
groups for productive purposes such as agriculture, some or
all of these charges may be waived for a determined period
where this is necessary for them to be able to begin to use
the resource.
• To promote equitable access to water for basic human needs,
provision will also be made for some or all of these charges to be
• All major water user sectors must develop a water use, conservation
and protection policy, and regulations will be introduced to ensure
compliance with the policy in key areas.
• In the long-term, since water does not recognise political boundaries
whether national or international, its management will be carried out
in regional or catchment water management areas (which will
coincide either with natural river catchments, groups of catchments,
sub-catchments or areas with linked supply systems with common
socio-economic interests)recognising that conflicting interests will
intensify the need for national management and supervision and that
the policy of subsidiarity does not interfere with the need for a
national and international perspective on water use.
• Provision will be made for the phased establishment of catchment
management agencies, subject to national authority, to undertake
water resource management in
• Provision may be made to allow for the functions of
the development and operation of the national
water infrastructure which links regional
catchments and systems, to be transferred to a
public utility established for that purpose.
• System of allocation will use water pricing, limited
term allocations and other administrative
mechanisms to bring supply and demand into
balance in a manner which is beneficial in the public
• The riparian system of allocation, in which the right to use
water is tied to the ownership of land along rivers, will
effectively be abolished.
• Water use allocations will not be permanent, but will be
given for a reasonable period, and provision will be made
to enable the transfer or trade of these rights between
users, with Ministerial consent.
• To promote the efficient use of water, the policy will be to
charge users for the full financial costs of providing access
to water, including infrastructure development and
catchment management activities. This will be done on an
equitable basis and according to the realistic reasonable
programme which has already been begun.
Key Policy Issues
White Paper on Basic Household Sanitation (2001)
• Sets out the framework for the provision of sustainable sanitation,
particularly to those households who have not had adequate
sanitation services in the past
• It focuses on the provision of a level of basic household sanitation to
communities in low density rural areas, and in informal settlements,
which it identified as the areas with the greatest need
• On adoption, Cabinet resolved that a dedicated unit to ensure
delivery of basic sanitation services in an aligned manner should be
• This led to the establishment of a National Sanitation Programme
Unit within the then DWAF
Key Policy Issues
The Strategic Framework for Water Services (2003)
• National umbrella framework for the WS sector, setting targets for
access to water supply and sanitation services
• It provides a comprehensive review of policies, legislation and
strategies with respect to the provision of water services, seeking to
align them and outline the changes in approach needed to achieve
policy goals.
• The Strategic Framework outlines the roles and responsibilities for
Water Services Authorities (WSAs) and Water Services Providers
(WSPs) and different government departments, as well as other
• It specifically sets out the future role of the national department as
the national water sector regulator
Key Policy Issues
Water Policy Positions (2013)
• 12 policy positions were initiated sought to redress the imbalances as
published in the government gazette on 30 August 2013.
• They sought to address oversight and gaps in the current water
policy and their unintended consequences, and redress the water
distribution in the country with Equity as the main principle.
• They further emphasize a need to conduct a comprehensive review
of the four policy documents which currently underpin the water
legislation and to consolidate these into one streamlined water policy
• Policies which need to be reviewed and consolidated are the White
Paper on Water Supply and Sanitation (1994), White Paper on a
National Water Policy for South Africa (1997), White Paper on Basic
Household Sanitation (2001) and the Strategic Framework for Water
Services (2003).
• In addition, a few policy issues require further investigation before
any new policy position, or amendment to a policy position, can be
Current Policy Challenges
• March 2011 - the NSP in the DHS published a draft conceptual
framework for a new national sanitation policy, proposing a revised
policy framework to the 2001 White Paper on Basic Household
• According to many municipal officials, this White Paper was
formulated without adequate consultation and does not address
their needs adequately or acknowledge the role of current municipal
• Further, the 2001 White Paper has a largely rural focus
• The revision document states, there is a need to reconcile changes
and challenges that have occurred in the sanitation landscape over
the past ten years, and to give conceptual and practical direction to
municipalities going forward.
Current Policy Challenges
• There are a lot of pieces of policies that guide water and supply
service delivery
• A gap in water service delivery is not bridged yet, the
Department needs to work much on improving the lives of the
communities thus the 12 Policy Positions were developed in
order to overcome the identified gaps
• A bottom up approach is highly needed when a plan to deliver
water services is initiated in order to create that element of
responsibility to community
Recent developments
• National Water Policy Positions approved in 2013 (only focused
on 12 key positions to augment existing policies )
• National Water Amendment Act, 2014 provides for an
alignment and integration of the process for consideration of
water use licences
• Alignment with National Environmental Laws Amendment Act,
• It provides for the concurrence between the Minister
responsible for water, the Minister responsible for mineral
resources and the Minister responsible for environmental
affairs when amending provisions of the Agreement related to
prospecting, exploration, mining or production activities
Operational policies
Mine water management
Private sector involvement/water stewardship
Financial support for rural development
Current status on water and sanitation policy and
• 1996 – 2014 overall water & sanitation policy assessment
underway by the Department for gap analysis
• Review of Sanitation Policy is in progress. New Sanitation
policies are at the discussion stage
• Integration of all water and sanitation policy documents into
one integrated water and sanitation policy framework
• The approved water and sanitation policies will subsequently
results to the development of Water and Sanitation Bill
Implications of the review of current water and
sanitation policy and legislation
• Streamlined and aligned water policy and legislation that is
easier to implement
• Roles and responsibilities will be clearly defined
• Enhanced performance through increased understanding of
policy and legislation
• More equity and re-allocation goals achieved due to corrective
amendment of the legislation
• Proactive response to service delivery issues
– Guidelines for proper implementation
– Regulatory framework
– Targeted support (CMA and RWU)
Way Forward
• There is still a back log in water and sanitation supply, a national
government has to work parallel with local government in
identifying the community needs through the use of statistics
and amend the legislation accordingly to respond to emanating
challenges in implementation
• A bottom up approach of consultations on regular basis with
stakeholders must be in place to ensure demand responsive
policies and legislation
• Road Map for law reforms