1. Introduction and Background

Since 1994 the Department of Water Affairs and Forestry has been engaged in a number of different processes to formulate new policy and legislative guidelines. Some of the most important documents to date have been the ‘Fundamental Principles and Objectives for a New Water Law for South Africa’, adopted by Cabinet in November 1996, and the Draft White Paper on a National Water Policy for South Africa, released in April 1997.

In May 1997, the Minister of Water Affairs and Forestry released the Water Services Bill. The bill provides the legal framework for the implementation of the White Paper on a National Water Policy for South Africa. Its principle aims are to regulate water supply and sanitation services and to ensure that the needs of all South Africans for access to these basic services will be met.

2. Main Provisions of the Bill

In summary the bill provides for:

• the right of access of all South Africans to basic water supply and basic sanitation, and to a healthy environment;

• the setting of national standards and norms and standardised tariffs for water use;

• the monitoring of water services by the appropriate authority;

• the collection and distribution of information; and

• the establishment of water services committees and the dissolution of others.

The bill stipulates that all people have a right of access to basic water supply and basic sanitation services. It will be the responsibility of water services authorities ( previously known as the municipalities) to ensure that this goal is achieved.

The water services authority must also ensure that services are accessible, that they are fairly and equitably distributed, and that where necessary, reasonable warning is given of the limitation or discontinuance of services. In the event of a water services institution not being able to meet the requirements of all its consumers, preference will be given to the provision of water to meet human needs and basic sanitation.

3.1 Access to Water Services through a Nominated Provider.

Water services providers will be nominated by the water services authority having jurisdiction in the area. All persons living in that area will be required to use water services from such a nominated water services provider. Any person, wishing to use water services from a source other than that of a nominated provider, will have to apply to the water services authority for approval. This application must be done within five years of the commencement of the Act.

3.2 Access to Water for Industrial Use

Water required for industrial purposes must be obtained from a nominated water services provider. The disposal of industrial waste must be done in accordance with rules and regulations stipulated by the water services authority in the area.

3.3 Approvals and Appeals

Water services authorities may not unreasonably withhold approval on an application for access to water services or for using water for industrial purposes.The granting of licenses for water use will be subject to consideration of the costs, management, and the quality and reliability of proposed services.

3.4 Standards and Tariffs

The Minister of Water Affairs and Forestry may, in consultation with the Minister of Finances, prescribe norms and standards in respect of tariffs for water services. These norms and standards will be determined according to geographic locations, socio-economic conditions and the physical attributes of the various areas, and must aim to bring about social equity and financial sustainability.

4. Water Services Authority

Every water services authority has a duty to ensure efficient, affordable, economical and sustainable access to water services, subject to availability.In ensuring access to water services, a water services authority must take into account alternative ways of providing access, regional efficiency, low costs and the requirements of equity. A water services authority may not unreasonably refuse or fail to give access to water services. In emergency situations basic water supply and basic sanitation may be provided free of charge.

4.1 Duty to Prepare Draft Water Services Development Plan

Every water services authority must prepare a draft water services development plan within one year after the commencement of the Act. The development plan must contain details of the physical attributes, the size and distribution of the population, a time frame for the plan, including the implementation plan for the next five years, an audit of existing water services, including the numbers and location of people who are not being provided with a basic water supply and basic sanitation. The plan must also detail future provision, including the number and location of persons to whom water cannot be provided within the next five years, setting out the reasons therefor, a reasonable time frame within which such service would be provided and existing and proposed water conservation measures. No substantial deviation from a development plan will be valid unless it is embodied in a new development plan.

In order to operate, water services providers must seek the approval of the water services authority in the area of jurisdiction. Such approval will be a limited period only, subject to renewal or stipulated conditions. A water services provider must give information as may reasonably be called for by the water services authority concerned, the Minister, the Province or a consumer.

A water services intermediary must be registered in accordance with the bylaws of a water services authority. The quality, quantity and sustainability of services provided by a water services intermediary must meet the minimum standards prescribed by the Minister and the relevant water services authority. Should a water services intermediary fail to perform its functions effectively, it may be requested, by the water services authority concerned, to rectify its failure. In the event of the water services intermediary not complying with stipulated changes within a reasonable time period, the relevant water services authority may take over the functions of the water services intermediary.

7. Water Boards

The primary activity of a water board is to provide water services to other water services institutions within its service area. Other activities of a water board may include, management services, training and other support services to water services authorities. A water board may also set and enforce conditions, including tariffs. It can also limit or discontinue water services, establish advisory forums and committees of the board.

Every water board must give priority to its primary activity; enter into written contracts when performing its primary and other activities; consider every request by a water services institution for the provision of water services and may only refuse such request if, for sound technical and financial reasons, it would not be viable to provide those services.

In addition, a water board must also set conditions for the provision of services relating to the technical conditions of supply, the determination and structure of tariffs, the payment and collection of money due to it, and the circumstances under which water services may be limited or discontinued. A water board must invite public comment before setting conditions.

7.1 Parameters for Functions of Water Boards.

In performing its activities, a water board must aim to provide efficient, reliable and sustainable water services, in keeping with national and provincial policies and gaols and with due regard for health and environmental considerations. Additionally, activities of water boards must be conducted in a manner that ensures that it remains financially viable.

8. Water Services Committees

A water services committee may only be established if the water services authority having jurisdiction in the area is not able to provide water services effectively in the proposed service area. Such a committee may be established by the Minister after consultation with the inhabitants of a proposed service area, the water services authority, the Minister for Provincial and Constitutional Development and the relevant province. The Minister will determine the following:

• the period for which the water services committee will operate;
• the nature and extent of the water services to be provided;
• the area or community to be served;
• the composition of the water services committee and the appointment of its members; and
• any contribution to be made by the community to the provision of water services.

The Minister must dissolve a water services committee as soon as he/she is satisfied that the water services authority in the area is willing and able to provide water services effectively.

8.1 Main Functions of the Water Service Committees

The main function of water services committees is to provide water services to consumers within its service area. It may not unreasonably exclude any person within its service area. It may also set conditions, including tariffs, for the provision of water services, limit or discontinue water services or delegate any of its powers to any employee. Such conditions, however, will have to be negotiated with consumers in its service area before implementation thereof.

The powers to appoint the chairperson and members of a water services committee is vested in the Minister. When making appointments, due consideration must be given to the particular technical needs of the committee and the representativity of members. Committee members may be paid out of the funds of the committee, according to a level of remuneration approved by the Minister

9. Monitoring and Intervention

The Minister must monitor the performance of every water services institution to ensure compliance with all applicable national standards, tariffs, development plan, policy statement or business plan adopted under this Act. In addition, every water services institution must furnish the Minister with information, as requested, and provide access to its books and records.

If a water services authority has not effectively performed any function, the Minister may, in consultation with the Minister of Provincial Affairs and Constitutional Development, request the relevant Province to intervene in terms of section 139 of the Constitution. If, within a reasonable time of the request, the Province has failed to intervene effectively, the Minister may assume responsibility for that function.

The Minister must ensure that a national information system, relating specifically to water, be set up. The main purpose of this information system would be to record and provide data for the development, implementation and monitoring of national policy on water services. A secondary function will be to provide information to water services institutions, enabling them to monitor their performance, and to provide information for research .

• The White Paper on a National Water Policy for South Africa proposes fundamental changes be made to the conceptualisation, planning, implementation and delivery of water services. It is unclear how the Water Services Bill proposes to implement some of the changes. For example, how will the training and capacity building of women and communities be accommodated? What are the specific roles of community structures?

• The bill does not quantify concepts such as ‘basic human needs’ or ‘basic sanitation services.’ In the absence of quantifiable indicators, how will the objectives of ‘accessibility’ and ‘equity’ be monitored? How will the national department ensure that provinces adhere to similar interpretations of these values?

• It is unclear how sanitation services will be implemented and monitored. Notwithstanding the designation of water as a national resource, what are the specific roles, powers and duties of provincial authorities?

• Several aspects of judicial, executive and administrative powers seem to be vested in the Minister. How does this correspond with the government’s commitment to the decentralisation of authority ?

The Portfolio Committee on Agriculture, Water Affairs and Forestry has scheduled public hearings on the Water Services Bill on 3 and 10 September 1997. Written submissions can be forwarded to Zingisa Cawe, Committee Secretary, P.O Box 15, Cape Town, 8000, or by fax at 021- 4622141

PHILA

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