HES4810 ASSIGNMENT 3 2026
DUE 4 SEPTEMBER 2026
QUESTION 1: Water for People and Progress
1.1 Legislative Instruments Contributing to Water Resource Protection and Water
Security (5)
The Constitution of South Africa, 1996 provides the foundational environmental right in
Section 24, guaranteeing everyone the right to an environment not harmful to health or
well-being, and requiring protection through reasonable legislative measures that
prevent pollution, promote conservation, and secure sustainable development (Republic
of South Africa, 1996). This right is enforceable and not subject to progressive
realisation, meaning water-related needs can be effectively addressed under this
section. Section 38(d) introduces public-interest action, allowing any person to approach
a court when Section 24 rights have been infringed without needing direct personal
interest (Chabalala, 2026).
The National Water Act (NWA), 1998 establishes the National Government as public
trustee of water resources (Section 3), requiring sustainable and equitable water
management through licensing, classification, and resource quality objectives (DWS,
1998). The Act recognises water as a scarce resource and establishes sustainability
and equity as central guiding principles. Chapter 3 specifically addresses water
resource protection, while the National Water Resource Strategy provides the binding
framework for protection, use, development, conservation, management and control of
water resources (Chabalala, 2026).
The National Environmental Management Act (NEMA), 1998 creates the legislative
framework for environmental protection, giving effect to the environmental right in the
Constitution (DEA, 1998). The Act establishes principles for cooperative environmental
, governance and decision-making on environmental matters. Section 2(4)(o) declares
that the environment is held in public trust for the people, while NEMA establishes the
concepts of participatory, cooperative and developmental governance in environmental
management, requiring environmental impact assessments for activities that may
significantly affect the environment (Chabalala, 2026). Together, these instruments
create legally enforceable obligations for water resource protection, ensuring water
security through licensing, compliance monitoring, and public participation mechanisms.
1.2 Five Major Development-Related Pressures Affecting Water Quality in Africa (
Rapid urbanisation across Africa increases pollutant loads without proportional
investment in sanitation and wastewater infrastructure (AU et al., 2026). The growth of
informal settlements leads to widespread use of poorly constructed pit latrines and
septic systems, allowing human waste to seep into shallow aquifers. Urban expansion
also increases demand for water while generating greater volumes of untreated
wastewater (Chabalala, 2026).
Agricultural intensification contributes through runoff laden with fertilisers and
pesticides, with intensive farming practices increasing salinity and chemical pollution of
water sources. Irrigation practices during dry seasons reduce water quality, particularly
affecting groundwater sources, while deforestation driven by agricultural expansion
leads to soil erosion that significantly affects water quality in streams and rivers
(Chabalala, 2026).
Mining and industrial activities release heavy metals and toxic materials into water
sources, with mining operations contributing extensively through heavy metal
contamination. Industrial expansion, processing industries and artisanal mining release
toxic chemical elements into water sources, rendering them unsafe for consumption (AU
et al., 2026).
DUE 4 SEPTEMBER 2026
QUESTION 1: Water for People and Progress
1.1 Legislative Instruments Contributing to Water Resource Protection and Water
Security (5)
The Constitution of South Africa, 1996 provides the foundational environmental right in
Section 24, guaranteeing everyone the right to an environment not harmful to health or
well-being, and requiring protection through reasonable legislative measures that
prevent pollution, promote conservation, and secure sustainable development (Republic
of South Africa, 1996). This right is enforceable and not subject to progressive
realisation, meaning water-related needs can be effectively addressed under this
section. Section 38(d) introduces public-interest action, allowing any person to approach
a court when Section 24 rights have been infringed without needing direct personal
interest (Chabalala, 2026).
The National Water Act (NWA), 1998 establishes the National Government as public
trustee of water resources (Section 3), requiring sustainable and equitable water
management through licensing, classification, and resource quality objectives (DWS,
1998). The Act recognises water as a scarce resource and establishes sustainability
and equity as central guiding principles. Chapter 3 specifically addresses water
resource protection, while the National Water Resource Strategy provides the binding
framework for protection, use, development, conservation, management and control of
water resources (Chabalala, 2026).
The National Environmental Management Act (NEMA), 1998 creates the legislative
framework for environmental protection, giving effect to the environmental right in the
Constitution (DEA, 1998). The Act establishes principles for cooperative environmental
, governance and decision-making on environmental matters. Section 2(4)(o) declares
that the environment is held in public trust for the people, while NEMA establishes the
concepts of participatory, cooperative and developmental governance in environmental
management, requiring environmental impact assessments for activities that may
significantly affect the environment (Chabalala, 2026). Together, these instruments
create legally enforceable obligations for water resource protection, ensuring water
security through licensing, compliance monitoring, and public participation mechanisms.
1.2 Five Major Development-Related Pressures Affecting Water Quality in Africa (
Rapid urbanisation across Africa increases pollutant loads without proportional
investment in sanitation and wastewater infrastructure (AU et al., 2026). The growth of
informal settlements leads to widespread use of poorly constructed pit latrines and
septic systems, allowing human waste to seep into shallow aquifers. Urban expansion
also increases demand for water while generating greater volumes of untreated
wastewater (Chabalala, 2026).
Agricultural intensification contributes through runoff laden with fertilisers and
pesticides, with intensive farming practices increasing salinity and chemical pollution of
water sources. Irrigation practices during dry seasons reduce water quality, particularly
affecting groundwater sources, while deforestation driven by agricultural expansion
leads to soil erosion that significantly affects water quality in streams and rivers
(Chabalala, 2026).
Mining and industrial activities release heavy metals and toxic materials into water
sources, with mining operations contributing extensively through heavy metal
contamination. Industrial expansion, processing industries and artisanal mining release
toxic chemical elements into water sources, rendering them unsafe for consumption (AU
et al., 2026).
