Independent Water Regulator
Owing to failures in the regulatory function of the Department of Water and Sanitation, OUTA and Water Shortage SA are collaborating in advocating for an Independent Water Regulator, that is independent from the department, to oversee the water sector.
OUTA and Water Shortage SA are collaborating in advocating for regulator in the water sector that is independent from the Department of Water and Sanitation, to provide better oversight of this crucial resource.
OUTA and Water Shortage SA have identified these key lapses in water regulation that highlight the need for an Independent Water Regulator:
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Blue Drop reports (on the quality of tap water) and Green Drop reports (on the quality of wastewater systems) have not been published since 2014;
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The Vaal River is seriously polluted by untreated sewage discharge;
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Water pricing in municipalities is not regulated resulting in under-recoveries and compromised services;
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Agriculture is not able to access the required volumes and quality of irrigation water during normal seasons and drought; and
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Municipalities are on average leaking 37% of their water.
We hope the establishment of an independent water regulator will:
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Provide a regulator which is independent of the Department of Water and Sanitation, as this is one of the entities it must oversee;
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Permanently address the Department of Water and Sanitation’s failures in regulating South Africa’s water sector;
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Ensure no political interference in the regulation of water; and
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Unlock and facilitate investment in South Africa’s water sector so as to ensure sustainable economic and socio-economic development.
OUTA and Water Shortage SA position paper
In April 2019, OUTA and Water Shortage SA published a position paper on this issue. This paper is here
OUTA believes an Independent Water Regulator is essential. Here's what we've been doing about this.
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In January 2019, OUTA and Water Shortage South Africa joined forces to create public awareness, and garner support, for the establishment of an Independent Water Regulator (IWR). Our statement outlining our position is here and a media summary is here.
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In April 2019, OUTA and Water Shortage SA published a position paper on this issue. This paper is here.
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During 2019, the concept of an IWR was widely workshopped – including at the National Water Security Framework Workshop held at the Union Buildings on 24 June 2019 – and was generally supported, with some notable exceptions. In most cases the exceptions have been raised by parties that directly benefit from the status quo and who see a loss of future revenue once an independent regulatory authority is established.
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In October 2020, OUTA wrote to Parliament's Portfolio Committee on Human Settlements, Water and Sanitation, asking for the portfolio committee to meet with OUTA and Water SA, so the organisations may present their findings and suggestions on the establishment of an Independent Water Regulator. OUTA and Water Shortage SA are willing to help Parliament draft the policy for a regulator. This letter is here.
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In May 2021, having been unable to get a response from the portfolio committee, OUTA wrote to Parliament's chair of committees, Cedric Frolick, asking him to intervene to get the portfolio committee to respond to OUTA. This letter is here.
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In May 2021, the Portfolio Committee responded to OUTA and Water Shortage SA, welcoming the input and expressing support for the establishment of an Independent Water Regulator. This letter is here and the OUTA-Water Shortage SA response is here.
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In August 2021, the Department of Public Works and Infrastructure released the draft National Infrastructure Plan 20250 for public comment. This includes reference to an independent water regulator being set up in 2022/23. The draft plan is here.
OUTA started working on this issue in late 2018, after receiving complaints from Hammanskraal residents about water quality. We partnered with the Hammanskraal Residents’ Forum (HRF) and Fair and Equitable Society (FES).
OUTA arranged water tests by an independent laboratory and found that the water was not safe for human consumption. Emergency measures were taken by the City of Tshwane and potable water provided to the community.
During July 2019, OUTA again, tested the Hammanskraal water and again found it unfit for drinking. The tests showed a decrease in E. coli, but an increase in nitrate, which can be a health risk for babies. According to the South African Water Quality Guidelines for Domestic Use, the absorption of nitrate leads to a condition termed methaemoglobinaemia, which can be particularly hazardous in infants under three months of age.
OUTA wrote to the City of Tshwane, calling for action.
The City, through the acting Municipal Manager, initially responded to OUTA by denying that there were any health risks and saying the water was for human consumption.
In August 2019, OUTA again tested the water. Again, the sample found traces of E. coli and nitrates in the drinking water. This time the City of Tshwane agreed to meet OUTA to discuss the problem.
OUTA met with the City’s Section 79 Utility Services Oversight Committee to discuss the water quality and the test results. The committee accepted OUTA’s statements and invited us to engage and work with them and other stakeholders on a solution.
The SA Human Rights Commission was by now also raising the water problems with the City.
On 10 September 2019, the Hammanskraal Residents’ Forum attended a meeting of Parliament’s Portfolio Committee on Human Settlements, Water and Sanitation. The forum’s chairperson, Tumelo Koitheng, addressed the committee about the Hammanskraal situation. The Committee directed the Deputy Minister David Mahlobo to intervene and assist but to date it is unclear whether any action has been taken. OUTA’s comment at the time is here. The minutes of the Portfolio Committee meeting are here.
In late October 2019, water quality deteriorated sharply. The City of Tshwane reported that there were complications at Rooiwal which led to partially treated sewerage being spilled into the Apies River. To add to the problems, the Temba water plant lost power in a lightning strike, so could not treat the water. This created massive a water quality problem, with sewage contaminating the water.
The City supplied the community with water from tankers. The Hammanskraal Residents’ Forum said trucks were dispatched but without notice or scheduling which made it difficult for the community.
OUTA outlined the situation and pointed out that although the City of Tshwane had told Parliament on 10 September that it had plans for repairs and upgrades, it wasn’t clear that anything was going ahead on this. OUTA’s statement on this is here. The minutes of this Portfolio Committee meeting are here.
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No Blue Drop reports made public since 2014
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