South Africa's Drinking Water Crisis: The Push for More Effective Legislation

South Africa is grappling with a critical water sanitation issue, as the latest Blue Drop Report indicates that nearly two-thirds of water-supplying municipalities are not providing clean drinking water to residents. This dire situation has prompted the introduction of the Water Services Amendment Bill, which aims to address shortcomings in current legislation and improve accountability within municipal structures.

In 2022, the situation in 61 municipalities was reported as alarming, with water treatment and supply in a critical state. The current protocol under the Department of Water and Sanitation (DWS) limits direct intervention and relies on Section 139 of the Constitution, which allows provincial governments to put municipalities under administration. However, this process is fraught with political intricacies and is often too sluggish to effectively respond to the urgency of water services issues.

Associate Professor Germarie Viljoen from North-West University expresses skepticism about the current systems' ability to swiftly and effectively tackle the problem, due to the reliance on political will and time-sensitive decisions. The new Water Services Amendment Bill seeks to remedy these inefficiencies by authorizing the DWS to issue directives to non-compliant municipalities and, if necessary, appoint external institutions to assume control of water service duties.

Despite this proposed legal tool, the efficacy of similar directives has been questionable under the National Environmental Management Act (Nema). DWS spokesperson Mavasa Wisane highlights that out of 88 notices and directives issued in the 2022 financial year, 71 remain unaddressed by municipalities—with only a minority of cases responding appropriately.

Enforcement remains a concern, with nine criminal cases opened against municipalities in 2022 and ten more in 2023 for polluting water sources—none of which have been finalized. Adelaide Chagopa, a candidate attorney at the Center for Environmental Rights, underscores the need for punitive measures to incentivize adherence to water service standards, yet she questions the department's capacity to hold municipalities accountable.

The DWS is set to conduct public consultations for the Water Services Amendment Bill and the National Water Amendment Bill in the coming months, after which further updates will be made before resubmission to the Cabinet and eventually Parliament. However, the timeframe may be influenced by the election year, potentially slowing the legislative process.

As the country awaits the implementation of these legislative updates, the stark failure in municipal service delivery raises profound questions about the effectiveness of the democratic process and its capacity to maintain vital infrastructure. Will these changes be sufficient to correct the structural deficiencies that have led to the current crisis or will South Africa require a more radical approach to ensure the provision of clean drinking water for all its citizens?