A detailed analysis of evolution of water rights in South Africa: An account of three and a half centuries from 1652 AD to present^#

Abstract

This study reviews the changing scene of water rights in South Africa over the last three and a half centuries and concludes that they have come full circle, with some modifications, since the invoking of Dutch rule in the Cape in 1652 AD. The study stipulates that adoption of a modern rights structure is a welcome change and a progressive step taken by the democratic government; however, its success depends to a great extent on the institutional efficiency of the state which performs the role of trustee or custodian of the water resource. The responsibilities of trusteeship with respect to managing water rights or permits are met through a decentralised decision-making system. The management of water rights/permits thus depends on the administrative and judicial efficiency of organisations and government departments. Therein lurks the danger of corruption, bureaucratic inefficiency, and insecurity of permits, and hence enough potential to stifle the long-term incentives to invest in the water sector.

Vulnerable populations, unreliable water and low water productivity: a role for institutions in the Limpopo Basin

“…Water and land, which used to be public goods under the domain of tribal authority, are now regulated by boundaries, borders and statutory laws dictating access and control. Long-standing agrarian communities have disintegrated as forced migration and the extraction of male labour for mining irreparably changed livelihoods and societies (Earle et al 2006, Tewari 2009). …”

The Water Act, No. 54 of 1956 and the first phase of apartheid in South Africa (1948–1960)

“…Apart from the works by Uys (1994), Turton et al (2004), Tewari (2009), andVan Vuuren (2009), that provide comprehensive views of the evolution of South Africa's water governance, there has not been much focus, since 1994, on a historical assessment of the Water Act of 1956. Departmental officials, legal experts and consulting specialists such as Hall and Burger (1974), Conley (DWA, 1988), Triebel and Van Niekerk (1994) and Thompson (2006) have provided valuable and interesting perspectives.…”

“…By 1960, as a result of its apartheid policy, increasing oppression and the banning of the liberation movements, South Africa became a pariah state in the eyes of the international community. Subsequently the Water Act has been interpreted in a variety of ways ranging from typically 'colonialist' to being 'fair and beneficial' (Tewari 2009;Wall 2011, p. 271).…”

Priority water research questions for South Africa developed through participatory processes

“…36 of 1998) (Republic of South Africa, 1998) is regarded as an important departure from the idea of riparian ownership of water (Tewari, 2009). Few countries have had the opportunity to radically transform water resource legislation and research in order to address fundamental socio-economic needs, and enable equity and social justice.…”