(Photo: Provided/DA)
The Department of Water and Sanitation’s proposed regulations on the management and control of state dams are an unjustified and unlawful attempt to limit public access to dams and extend state control over private property.
This is what the civil rights organization AfriForum said after formally submitting comments against the draft regulations that were published on 16 January.
AfriForum emphasizes that it supports responsible water management, but that the proposed regulations go far beyond this goal. It introduces a parallel regulatory system that undermines existing rights, imposes excessive administrative burdens and places ordinary use of dams for recreation under state control.
An important source of concern is that members of the public will need approval to gain access to dams that belong to or are managed by the state, such as the Vaal Dam. If this is not done, individuals may face criminal prosecution. Without the necessary approval, activities such as rowing and fishing, which have been legal for decades, will effectively be criminalized.
The regulations also threaten private property rights. Landowners along dams will be forced to meet expanded requirements and enter into agreements with the state to access water from their own properties. This practically amounts to a deprivation of property rights without proper justification.
AfriForum is particularly critical of the apparent motive behind the regulations. The framework indicates an attempt to commercialize access to dams by requiring lease agreements and payments for the use of water and adjacent land in favor of the state. This undermines the principle that water is a public resource. At the same time, the proposed system is administratively unworkable. This introduces complex approval processes and compliance requirements that are unlikely to be implemented effectively, especially in a department that is already short of capacity.
In general, the regulations divert attention from the real crisis in the water sector. While the government attempts to control the recreational use of state dams, it fails to maintain infrastructure and prevent large-scale sewage pollution of rivers and dams.
(Photo: Provided/DA)
“These regulations are not about responsible water management – they are about control. The department is attempting to replace a legal system with an unworkable framework that will limit public access and undermine property rights,” says Marais de Vaal, AfriForum’s advisor for environmental affairs.
AfriForum appeals to the department to withdraw the proposed regulations and engage properly with stakeholders. Communities and water users must be part of solutions, not subjected to draconian regulations.
Meanwhile, the DA has also appealed to communities to oppose the “draconian” dam regulations, as they threaten the economic lifelines for communities living next to dams across South Africa.
Dr. Igor Scheurkogel, Free State DA member of the National Council of Provinces (NRP), said the proposed regulations prohibit access to dams, except through formal leases.
“If these regulations come into force, every single business along dams, regardless of whether they are on the coastline or not, will have to sign a private-public partnership because they ‘generate’ money from a state dam. The draft regulations state that taking pictures at a dam is an ‘illegal activity’.”
Scheurkogel pointed out that thousands of people depend on tourism and recreation along state dams. “The DA is fighting to remove bureaucracy to access and reform the regulatory environment to support businesses to grow.”
The deadline for objections to the proposed regulations is Wednesday 15 April.