You and your water rights : South African water law review : a call for public response

This document, prepared by the Department of Water Affairs and Forestry, is a call for public response to set in motion a review of the existing legal structure relating to water in South Africa. To assist public contributions the paper sets out basic concepts about water and outlines the main principles underpinning the existing legal structure. Given the fundamental changes taking place in South Africa the paper questions whether the present water law is fair and equitable, and appropriate for the climate, hydrology and culture and lists several reasons why the water law should be revised. A principal reason for reviewing the water law is to ensure that it conforms to the new constitution ensuring the basic rights of each citizen; namely, the rights of human dignity, life, equality, affirmative action, a clean environment, access to economic activity, property, and the security of children. The paper also includes a summary of the origin and historical development of the South African water law. Definitions of terms and concepts in the water act and a summary of the main principles of the present law are provided to show the confusion and complexity of the present legal system when applied to modern society in South Africa. Comments on water law follow including such issues as racial bias, too many different laws and statutes, state intervention, management of water resources, water rights and land values, water and the environment, water conservation, financial development, and the value of water. A brief summary of water law in other countries is given as a basis for comparison. The paper ends with a series of questions about the present law to stimulate public participation, and a description of the three phases planned in order to carry out this review process. An annex of existing water related legislation in included.