1. (a-c) The Constitution assigns the responsibility of ensuring access to services for water and sanitation to municipalities. The role of the national and provincial government is to support, monitor and regulate local government.
(i) As the regulator of the water sector DWS is required to set regulatory rules, norms and standards for municipal water and sanitation services in terms of the National Water Act and the Water Services Act. This responsibility includes monitoring compliance to the norms and standards and taking appropriate measures to correct and address non-compliance by municipalities which have the responsibility to provide clean water to communities. The Department is actively intervening in poorly performing municipalities and action plans have been agreed upon to address water supply shortages and sanitation challenges. In terms of its mandate the DWS:
(ii) There is a projected 17% deficit in water demand and supply by 2030 and so South Africa cannot afford to continue to install sewered water borne system in all households across the country to address sanitation backlogs. There is therefore an urgent need to adopt and implement alternative sanitation systems that minimize the use of water resources and that do not require expensive and difficult to maintain WWTW. In efforts to support provision of safe sanitation by municipalities, the DWS developed the National Sanitation Framework (NSF) which was adopted by Cabinet in 2023. The NSF provides for a Minimum Level of Service that makes provision for equivalent alternative sanitation solutions (such as innovative off-grid/non-sewered, on-site treatment or waterless/low water use sanitation technologies), while conforming to standards set by recognized institutions.
(iii) Interventions include amendment of legislation and strengthening of regulatory measures which are intended to improve the capacity of Water Service Authorities to operate, maintain and manage assets for existing infrastructure. Other measures to facilitate access to safe water, infrastructure upgrades and investment in rural and peri-urban areas include:
2. The National Water Act is being amended to ensure that Historically Disadvantaged Individuals (HDIs) are given priority in allocation of water and to provide for the Regulations to prescribe the criteria that must be considered when redressing the results of past racial and gender discrimination in relation to water use. All authorisations issued by the department have conditions under which their use can be exercised. Compliance with these conditions and that all water use is authorised is monitored by the Catchment Management Agencies (CMAs). Where non-compliance or unlawful use are detected or reported the department has administrative enforcement powers to bring users into compliance. Where these are not successful or where there is gross negligence, the department and the CMAs have peace officer powers to conduct criminal investigations and engage with the National Prosecuting Authority. Further proposed amendments of the National Water Act include additional offenses and stronger penalties as well as personal liability of Directors of Companies and Municipal Managers.
3. The Constitution assigns the responsibility of ensuring access to water and sanitation services to local government (municipalities). The DWS is responsible for implementation of Sanitation projects through Regional Bulk Infrastructure Grant (RBIG) and Water Services Infrastructure Grant (WSIG) and is currently implementing 137 sanitation projects across all provinces. This constitutes of 117 projects through WSIG and 20 through RBIG.
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