Civil rights group AfriForum has slammed the Department of Water and Sanitation (DWS) plan to implement ‘race-based quotas’ in the allocation of water-use licenses and water service delivery.
This is among the most significant aspects of the proposed changes in the National Water Amendment Bill which AfriForum said was “illogical”.
AfriForum argues that the bill's approach to enforcing transformation in the water sector could potentially exacerbate existing inequalities.
The organisation has submitted detailed feedback on the National Water Amendment Bill, published for public consultation in the Government Gazette on November 17, 2023.
In September, the South African Cabinet gave the green light for the Water Services Amendment Bill to be released for public feedback.
This proposed legislation is designed to enhance the accountability and transparency of water service providers.
Under the revised Water Services Act, providers will be required to maintain superior water quality as a key condition of their licences.
The bill also aims to rectify current shortcomings in the water services sector, such as the conflict arising from providers serving as both suppliers and regulators. It establishes baseline operational standards for Water Services Providers, which will be monitored and enforced by Water Services Authorities, as stated by the Cabinet.
However, AfriForum objects to the idea of expropriating water rights from users who do not fully utilise their allotted water volume within an unspecified time-frame.
The group points out that variables like rainfall and climatic conditions significantly impact water usage, making such a policy seem unreasonable.
However, AfriForum supports various amendments suggested by the DWS aimed at safeguarding natural water sources and enhancing water service management.
Marais de Vaal, AfriForum's advisor for Environmental Affairs, said: "While we acknowledge and support several of the DWS's proposed amendments as necessary and praiseworthy, our duty remains to defend the public interest against potentially harmful and illogical legal changes, particularly concerning something as vital as water. Hence, we urge the Minister of Water and Sanitation to reconsider the amendments we find objectionable."
The Institute of Race Relations (IRR) has also raised significant concerns about the Water Bill.
Dr Anthea Jeffery, head of policy research at the IRR, argues that the government should focus on innovative measures to expand commercial farming across racial lines, rather than redistributing land and water rights.
Jeffery points out that successful farming requires more than just land and water. Essential elements such as ownership, capital, skills, labour, and infrastructure are critical for success. She cautions that without these, new farmers are likely to fail, citing the high failure rates among land reform beneficiaries.
The Water Bill, according to the IRR, overlooks these complexities.
It argues that amendments to the National Water Act of 1998 could potentially disrupt the existing system of water-use licensing, heavily impacting commercial farmers.
Under the new bill, the prioritisation of redressing past racial and gender discrimination may overshadow other vital factors in licensing decisions, potentially barring many white commercial farmers from obtaining necessary water-use licences.
Jeffery also raises concerns about the bill's vague new regulatory powers, which could lead to stringent ownership requirements for large water users. The IRR believes that such measures, along with inadequate public consultation, could have detrimental effects on South Africa's agriculture, which has already been struggling with challenges like load shedding and infrastructure decay.
The organisation warns that the bill's approach to forced racial redistribution of water usage could harm the majority of disadvantaged South Africans, impede food security, and exacerbate economic woes like unemployment and inflation.
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