IMPLEMENTATION AND REVIEW OF THE WATER

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IMPLEMENTATION AND REVIEW OF THE WATER SERVICES
ACT, Act 108 of 1997 Presentation to Portfolio
Committee 12 August 2008
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Background Water Services Developments

• Before 1997 there was no national legislation on
  water supply and sanitation (water services as we
  know it now) as the Water Act (1956) only dealt
  with Water Resources issues,
• White Paper on Community Water Supply and
  Sanitation published in 1994
• The WS Act was promulgated in 1997 as the first
  national legislation on water supply and
  sanitation i.e. policy and regulation of the
  water board and municipal water business and the
  role of the Minister of Water Affairs and
  Forestry.

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Constitutional context

• Constitution addresses the rights of individuals
  to access basic water and sanitation and sets out
  the institutional framework for services
  provision
• It gives municipalities executive authority and
  the right to administer the provision of water
  services within their areas of jurisdiction
• National and provincial government have the
  authority to regulate the effective performance
  of local government in terms of water services.
• National and provincial government also have an
  obligation to support and strengthen the capacity
  of local government to provide services

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Rationale for the Water Services Act, 108 of 1997

• Provides a flexible, developmental legislative
  framework for the provision of water services
• Promotes, support and strengthen local government
  while creating mechanisms for their effective
  monitoring by consumers, and provincial and
  national government
• Set national norms and standards and require
  water services development planning
• Establish statutory bodies to support and assist
  local government and to provide for the
  monitoring and regulation of these bodies

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Progress and Achievements to Date

• The following achievements can be noted since the
  promulgation of the Water Services Act
• Sections 2,3 and 11 Right of access to basic
  water supply and basic sanitation
• People served with Basic water 18.7 million
• People served with sanitation 10.98million
• 16.53 m poor population had access to FBW
• Section 4 applied in several cases. (cut-off and
  limitation of supplies)
• Regulations were published in 2001 in terms of
  section 9 Minister may prescribe compulsory
  national standards

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Progress and Achievements (2)

• Regulations were also published in 2001 in terms
  of section 10 Minister may .prescribe norms
  and standards in respect of tariffs for water
  services
• Published as regulations items to be included in
  contracts between WSA and WSP according to sect
  19 (5) of the WS Act.
• Published model bylaws in terms of section 21(4)
• Published model contracts as provided for in
  terms of section 19 (7) which states the Minister
  may publish model contracts (with SAAWU and
  SALGA)

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Progress and Achievements (3)

• Sections 13-18 Water Services Development Plans
  Approximately 144 WSAs or (90) have drafted
  Water Services Development Plans as prescribed.
• Appeals handled in terms of section 8.
• Monitoring of WS Institutions section62 The
  Water Service Authority (WSA) Checklist commenced
  in 2005. The first round was successfully
  completed in 159 Water Services Authorities in
  March 2007 with checklist booklets signed off by
  council and published in 158 WSAs. Currently all
  158 WSAs have authorised the publication of their
  results.
• As per section 67 of the Act, the National
  Information System had been developed. It
  consistently reports on progress made in regards
  to water service delivery

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Progress and Achievements (4)

• Water Services Intermediaries sections 24- 27
  (Institutions to provide WS on private land such
  as farms and mining towns
• Developed the Toolkit for WSIs to ensure
  provision of water services to privately
  owned-land.
• Currently it is being piloted in Cape wine lands
  DM and it is progressing very well

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Progress and Achievements (5)

• Section 62 and Regulation 5 under Section 9 of
  the WS Act compels the WSA to have a suitable
  sampling programme for Drinking Water Quality in
  place.
• in 2004, a DWAF survey suggested that less than
  50 of WSA's were monitoring the quality of water
  supplied in their areas of jurisdiction.
• in 2005 DWAF initiated its DWQ Regulation
  Programme, and currently more than 95 of WSA's
  are reporting sampling results to DWAF via the
  electronic Water Quality Management system.
• Results from about 3200 sampling sites situated
  across the country proofs to comply in the
  vicinity of 94 with the national standard (SANS
  241).

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Progress and achievements (6)

• Sections 28- 50 Oversight over water boards done
  as prescribed in terms of the WSAct (act replaced
  several individual water board acts)
• Water Boards are complying with all aspects of
  the PFMA as noted during the Water Boards Annual
  Report hearings i.e. Submission of Annual
  Reports, Business Plans, Annual Audited Financial
  statements, performance reviews and quarterly
  reports.

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What has not worked

• Process of implementation too supportive that
  lead to soft approach--we have now reached a
  stage where regulations need to be enforced more
  strictly.
• Insufficient mechanisms within the current Act
  for the Minister to effectively regulate
  (facilitate the speedy rectification of detected
  non-compliance without having to depend on
  litigation or lengthy legal procedures).
• Not sufficient power for the Minister to
  intervene on the underperforming WSAs
  (legislative shortfall).
• No water committee established as local
  government developments superseded this.

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The Need for Corrective Steps WS Act 108, 1997

• With the new local government dispensation it
  became necessary to consolidate Water Sector
  Legislation and Policy. This led to the
  development of the SFWS( Cabinet approved in
  2003)
• The SFWS gives a
• Comprehensive approach to the provision of water
  services (water supply and sanitation)
• It puts forward a vision for the water services
  sector for the next ten years
• Sets out an umbrella framework to enable the
  sector vision to be achieved
• The Regulation 5 is under review and has been
  submitted to DWAF legal services for promulgation
  purposes.
• This revision ensures to include Water Safety
  Plans as a requirement which is recommended by
  the World Health Organization as an effective
  tool for DWQM efficiency. (All 2010 hosting
  cities have adopted WS Plans)

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The Need for Corrective Steps WS Act 108, 1997

• During the public hearings in Parliament on DWQ
  held on the 03rd and 04th June 08, the
  Chairperson of the Portfolio Committee noted the
  following
• The challenges and problems reported by
  municipalities warrant for immediate tougher
  stance.
• Part of the review of the WS Act will address
  exactly this concern by creating an enabling
  environment for effective regulations
  particularly on DWQ.

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What Corrective Steps is DWAF Taking?

• A process to review the Water Services Act was
  initiated in 2004. This was triggered by new LG
  legislation and the SFWS
• Department consulted with other National
  departments and National Water Sector
  stakeholders namely
• DPLG Dept of Housing Dept of Health DEAT
  Dept of Education Dept of Public Enterprise
  DPW and National Treasury
• SALGA Water Research Commission SAAWU Chief
  State Law Advisor and Committee for
  Environmental Co-ordination

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Intentions and benefits of the review (1)

• Draft national and provincial legislation
  impacting on water services promulgated without
  any, or last minute consultation
• Review to provide that such legislation may only
  be introduced after DWAF Minister has been
  formally consulted.
• Currently provinces can implement Act without
  framework
• Review to provide for coordinated implementation
  and allocation of powers and functions

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• Intentions and benefits of the review (2)
• Legislative alignment with new local government
  dispensation needed DWAF Position on Powers
  and Functions of Municipalities (White Paper)
• - Clear distinction between WSA and WSP and
• WSA, WSP to operate in terms of MSA, MFMA
• but with exemptions
• - Selection and appointment of external WSPs
• (incl CBOs) taking LG legislation into
  account,
• with proposed exemptions and DWAF input (DPLG
  draft bill proposes amendments to section 78
  process)

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Intentions and benefits of the review (3)

• DWAF role as regulator of water services not
  comprehensively spelt out in existing legislation
• Provides for enabling legislative environment for
  an effective regulations through Regulatory
  Strategy
• Wide ranging authority for Minister to make
  regulations
• Role in dispute resolution between WSA/WSP
• Clear powers of intervention for the Minister/MEC
  when non-compliance occurs
• Powers to set KPIs

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• Intentions and benefits of the review (4)
• Planning requirements outdated, no linkages with
  WRM
• - Planning process aligned with IDP process
• - Consultations with CMAs, WSAs, WSPs for
• integrated planning
• - Planning oversight by DWAF
• Consumer rights and obligations neglected in law
• - Rights and obligations to be spelt out, as
  well as
• right to complain to the Minister as last
  resort

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Intentions and Benefits of the Review (5)

• Provision of water and sanitation services on
  private property problematic, need revision on
  water services intermediaries
• Rights and obligations of water services
  intermediaries (WSI)
• Clear role for WSA when WSI non-compliant
• Framework for financial support and subsidies to
  WSI

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• Intention and benefits of the Review (6)
• Review needs to Improve governance and oversight
  of water boards
• Ministerial authority over WBs must be spelt out
• Ministerial approval of budgets, business plans,
  CEOs package
• Specific alignment with provisions of PFMA
  including shareholder compacts, financial
  management
• Functions related to CMAs not planned but should
  not exclude such functions, can be provided for
  in NWA

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Intention and Benefits of the review (7)

• Establishment, disestablishment processes set out
• ? Review must include reasons for
• disestablishment of WB.
• ? It should bring more clarity and direction
  on boards and
• appointment of its members.
• Current Act vague on water board tariffs and this
  to be changed to say that the Minister must
• approve.

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Intention and Benefits of the Review (8)

• Monitoring of WSAs and WSPs performance
• problematic
• WSAs, WSPs, DWAF to establish mechanisms for
  monitoring performance
• Provision for incentives to provide information
• Obligation to share information

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Intention and benefits of the Review (9)

• Insufficient revenue collection by WSAs
• ring fencing of water services
• development of asset management plans
  (maintenance and rehabilitation) and
• Income from water services must be clearly
  stated.
• Preparation and implementation of required plans
  and budgets.

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For More Information

• Mr. Helgard Muller, Tel [phone]
• Cell 082 807 4332
• E-mail helgard_at_dwaf.gov.za
• Ms Shantal Harigobin, Tel [phone],
  
• Cell 082 885 7894
• E-mail harigobins_at_dwaf.gov.za
• Mr. Siboniso Ndlovu, Tel [phone],
• Cell 082 327 5299
• E-mail ndlovusi_at_dwaf.gov.za