Unregistered Dams Cause Flooding in Riverlands: Department of Water and Sanitation Takes Action

The Department of Water and Sanitation (DWS) in South Africa has announced plans to prosecute the owners of non-compliant dams, after a catastrophic failure of unregistered dams on Dassenberg Farm prompted severe flooding in Riverlands. The debacle unfolded when three out of five dams breached in early August, causing extensive property and infrastructural damage in the Swartland municipal area.

A preliminary investigation into the dam breaches, instigated by Water and Sanitation Minister Pemmy Majodina, highlighted a grim reality: none of the dams were licensed or registered pursuant to the National Water Act (NWA). This lack of compliance appears to have contributed to their failure, calling into question the oversight and adherence to dam safety regulations.

Details emerged that the oldest dam failed due to internal erosion, with subsequent overtopping leading to a chain reaction that compromised two more dams. These failures were attributed in part to inadequate spillway designs, unable to cope with high rainfall and runoff. A fourth dam was also discovered to be at risk, leading to precautionary measures to prevent further disaster.

Historically, the dams were built in stages spanning from 1960 to 2005, all without the necessary legal permits required first by the Water Act of 1956 and then by the more recent National Water Act of 1998. Both former and current dam owners neglected to register or to secure construction licenses, negating mandatory safety evaluations.

Beyond the immediate owners, the DWS also pointed to a lack of due diligence on the part of the Department of Land Reform and Rural Development (DLRRD) when acquiring the property in 2019. It failed to affirm that the dams were compliant and registered, a measure that could have flagged the potential risks.

In reaction to these findings, the DWS is mulling over the options for holding both current and past owners accountable – civil remedies and criminal inquiries are on the table. The focus is on demanding restitution for damage and ensuring future compliance with regulations.

The DLRRD faces its set of directives; it must devise a restoration plan for the areas impacted by the dam failures, liaise with local authorities over the damage scope, and make decisions regarding the repair or decommissioning of the dams. Should any dam reconstruction occur, the necessary water-use and dam safety licenses must be obtained, alongside an overarching audit to classify and register all qualifying dams on acquired properties.

As for the Swartland local municipality, a stormwater management evaluation has been prescribed to assess the implication of the Swart River on Riverlands and devise contingencies absent the dam-induced flood retention.

In an effort to reinforce water safety compliance and public safety, the DWS plans to issue a notice to all dam owners who fall under the 'dams with safety risk' bracket to prompt registration and conformity to impending regulations and directives.