, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
QUESTION 1:
WATER FOR PEOPLE AND PROGRESS [20]
1.1 Legislative instruments and their contribution to protecting water resources and
ensuring water security [5]
Constitution of the Republic of South Africa, 1996
The Constitution provides the foundation for environmental protection and equitable access to
water in South Africa. Section 24 provides that everyone has the right to an environment that is
not harmful to health or well-being and requires the environment to be protected for present and
future generations through reasonable legislative and other measures that promote ecologically
sustainable development. Section 27(1)(b) further recognises everyone's right of access to
sufficient water, while section 27(2) requires the state to take reasonable legislative and other
measures, within available resources, to progressively realise this right (Republic of South
Africa, 1996).
The constitutional framework is important because it connects water security with human
dignity, equality, environmental sustainability and socio-economic development. It means
that water management cannot be based exclusively on economic considerations. Government
must also consider the needs of poor and vulnerable communities. However, the right to water is
progressively realised and is subject to available resources. Consequently, constitutional
recognition does not automatically guarantee reliable water services where municipalities
experience financial, infrastructural and administrative difficulties.
National Water Act 36 of 1998
The National Water Act (NWA) provides the principal legal framework for the management of
South Africa's water resources. It recognises water as a scarce and unevenly distributed national
resource and seeks to achieve sustainable and equitable utilisation of water (National Water Act
36 of 1998). The Act provides for the protection, conservation, development, control and
management of water resources.
An important mechanism is the Reserve, which consists of the basic human needs reserve and
the ecological reserve. This ensures that sufficient water is protected for essential human needs
and for maintaining aquatic ecosystems before water is allocated for other purposes. The Act
also regulates activities such as abstraction, storage, diversion and the disposal of waste that
may affect water resources.
The NWA therefore contributes directly to water security by combining equitable allocation,
pollution control, conservation and ecological protection. Its principal limitation is
implementation. Illegal abstraction, pollution, inadequate monitoring and ageing infrastructure
can reduce the effectiveness of the legislative framework.
National Environmental Management Act 107 of 1998
, NEMA establishes an overarching framework for environmental governance in South Africa. It
promotes cooperative environmental governance and establishes principles that must guide
decisions affecting the environment (NEMA, 1998).
NEMA is particularly important for water protection because developments that may
significantly affect rivers, wetlands, groundwater or other environmental resources can be
subjected to environmental impact assessment and environmental authorisation requirements. Its
principles include sustainable development, the precautionary approach, public participation,
environmental justice and consideration of cumulative environmental impacts.
The three instruments therefore complement each other. The Constitution establishes
environmental and water-related rights and values; the NWA provides specialised water-
resource governance; and NEMA provides the broader environmental-management and
EIA framework. Their success depends on effective enforcement, institutional capacity,
monitoring and meaningful public participation.
1.2 Five major development-related pressures affecting water resources in Africa [5]
1. Rapid population growth and urbanisation
Rapid population growth and urbanisation place increasing pressure on limited freshwater
resources. African cities are expanding rapidly, while water supply, sewerage and wastewater-
treatment infrastructure often fail to expand at the same rate. Informal settlements without
adequate sanitation can contribute untreated sewage to rivers and groundwater. Increasing
populations also raise domestic water demand, making water shortages more likely during
droughts.
2. Agricultural expansion and intensification
Agriculture consumes substantial quantities of freshwater, particularly where irrigation is used.
Excessive abstraction can reduce river flows and groundwater levels. Fertilisers and pesticides
can enter water bodies through runoff, resulting in nutrient enrichment, eutrophication and
chemical contamination. Poor agricultural practices can therefore affect both the quantity and
quality of available water.
3. Mining and industrial development
Mining can cause substantial water pollution through acid mine drainage, heavy metals,
sedimentation and contaminated wastewater. Industrial facilities may also release chemicals and
untreated effluent into watercourses. These impacts can make water unsafe for domestic
consumption, agriculture and aquatic ecosystems. Effective environmental authorisation and
water-use regulation are therefore essential.
4. Infrastructure development
Large infrastructure projects such as dams, roads, ports, pipelines, housing developments and
industrial areas can modify natural drainage patterns and destroy wetlands or riparian areas.
Construction activities may increase sedimentation and erosion, while dams can modify natural
QUESTION 1:
WATER FOR PEOPLE AND PROGRESS [20]
1.1 Legislative instruments and their contribution to protecting water resources and
ensuring water security [5]
Constitution of the Republic of South Africa, 1996
The Constitution provides the foundation for environmental protection and equitable access to
water in South Africa. Section 24 provides that everyone has the right to an environment that is
not harmful to health or well-being and requires the environment to be protected for present and
future generations through reasonable legislative and other measures that promote ecologically
sustainable development. Section 27(1)(b) further recognises everyone's right of access to
sufficient water, while section 27(2) requires the state to take reasonable legislative and other
measures, within available resources, to progressively realise this right (Republic of South
Africa, 1996).
The constitutional framework is important because it connects water security with human
dignity, equality, environmental sustainability and socio-economic development. It means
that water management cannot be based exclusively on economic considerations. Government
must also consider the needs of poor and vulnerable communities. However, the right to water is
progressively realised and is subject to available resources. Consequently, constitutional
recognition does not automatically guarantee reliable water services where municipalities
experience financial, infrastructural and administrative difficulties.
National Water Act 36 of 1998
The National Water Act (NWA) provides the principal legal framework for the management of
South Africa's water resources. It recognises water as a scarce and unevenly distributed national
resource and seeks to achieve sustainable and equitable utilisation of water (National Water Act
36 of 1998). The Act provides for the protection, conservation, development, control and
management of water resources.
An important mechanism is the Reserve, which consists of the basic human needs reserve and
the ecological reserve. This ensures that sufficient water is protected for essential human needs
and for maintaining aquatic ecosystems before water is allocated for other purposes. The Act
also regulates activities such as abstraction, storage, diversion and the disposal of waste that
may affect water resources.
The NWA therefore contributes directly to water security by combining equitable allocation,
pollution control, conservation and ecological protection. Its principal limitation is
implementation. Illegal abstraction, pollution, inadequate monitoring and ageing infrastructure
can reduce the effectiveness of the legislative framework.
National Environmental Management Act 107 of 1998
, NEMA establishes an overarching framework for environmental governance in South Africa. It
promotes cooperative environmental governance and establishes principles that must guide
decisions affecting the environment (NEMA, 1998).
NEMA is particularly important for water protection because developments that may
significantly affect rivers, wetlands, groundwater or other environmental resources can be
subjected to environmental impact assessment and environmental authorisation requirements. Its
principles include sustainable development, the precautionary approach, public participation,
environmental justice and consideration of cumulative environmental impacts.
The three instruments therefore complement each other. The Constitution establishes
environmental and water-related rights and values; the NWA provides specialised water-
resource governance; and NEMA provides the broader environmental-management and
EIA framework. Their success depends on effective enforcement, institutional capacity,
monitoring and meaningful public participation.
1.2 Five major development-related pressures affecting water resources in Africa [5]
1. Rapid population growth and urbanisation
Rapid population growth and urbanisation place increasing pressure on limited freshwater
resources. African cities are expanding rapidly, while water supply, sewerage and wastewater-
treatment infrastructure often fail to expand at the same rate. Informal settlements without
adequate sanitation can contribute untreated sewage to rivers and groundwater. Increasing
populations also raise domestic water demand, making water shortages more likely during
droughts.
2. Agricultural expansion and intensification
Agriculture consumes substantial quantities of freshwater, particularly where irrigation is used.
Excessive abstraction can reduce river flows and groundwater levels. Fertilisers and pesticides
can enter water bodies through runoff, resulting in nutrient enrichment, eutrophication and
chemical contamination. Poor agricultural practices can therefore affect both the quantity and
quality of available water.
3. Mining and industrial development
Mining can cause substantial water pollution through acid mine drainage, heavy metals,
sedimentation and contaminated wastewater. Industrial facilities may also release chemicals and
untreated effluent into watercourses. These impacts can make water unsafe for domestic
consumption, agriculture and aquatic ecosystems. Effective environmental authorisation and
water-use regulation are therefore essential.
4. Infrastructure development
Large infrastructure projects such as dams, roads, ports, pipelines, housing developments and
industrial areas can modify natural drainage patterns and destroy wetlands or riparian areas.
Construction activities may increase sedimentation and erosion, while dams can modify natural
