Draconian water regulations actually cunning expropriation plan
2 October 2023
The proposed new Regulations Relating to Access and Use of Government Waterworks and Surrounding State-owned Land for Recreational that were recently presented by the Department of Water and Sanitation (DWS) for public comment is a cunning plan to achieve the expropriation of water rights, AfriForum said today. In its presentation, the civil rights organisation will strongly object to the proposed regulations as they not only trample on recreational water users’ established rights, but also amount to a gross overreach of government power.
The proposed measures threaten the existing rights of landowners, businesses, sports clubs and tourism operators that currently enjoy lawful access to dams across South Africa that are owned and managed by the Department of Water and Sanitation (DWS), such as the Vaal Dam.
AfriForum’s key concerns with the recreational water use regulations include:
Erosion of public rights: The proposed regulations blatantly undermine the public’s existing right to use water for recreational activities, entrenched in the National Water Act (Act 36 of 1998) (NWA), which effectively amounts to an expropriation of existing lawful rights.
Property rights at risk: The regulations place burdensome requirements on landowners whose properties border on government waterworks, also effectively amounting to an expropriation of their rights and diminishing the value of their properties.
Environmental concerns illusion: The ostensible goal of RMPs is the sustainable environmental management of dams, circumventing structures already created by the NWA for this purpose, such as Catchment Management Agencies.
Commercial fisheries illusion: The RMPs' proposal for commercial fisheries in water bodies contaminated with raw sewage is not only absurd but poses significant health risks to consumers.
Excessive bureaucracy: The RMPs introduce burdensome administrative processes, forcing landowners to navigate an intricate web of contracts and operational plans, severely hampering their ability to access water.
Disregard for sports clubs: Sports clubs operating near water bodies will face a barrage of unnecessary regulations that have no bearing on water-based recreational activities, threatening the existence of these cherished community institutions.
“As we have seen with the controversial draft regulations on water use licenses published earlier this year, with which the DWS attempts to introduce race quotas to certain water uses, these regulations are similarly ill-conceived, ultra vires and nothing but a dangerous ideological and politically motivated stunt to showcase government’s commitment to radical transformation, while distracting attention from their woeful failures,” states Marais de Vaal, AfriForum’s Advisor for Environmental Affairs.
“AfriForum stands firm against this unjust encroachment on our rights and values the importance of preserving our natural resources while encouraging the responsible development of tourism. Therefore, AfriForum has already sought legal counsel and will submit comprehensive comments on the recreational water use regulations,” concludes De Vaal.
AfriForum urges all South Africans to join this organisation in condemning these unwarranted regulations. The closing date for the public to submit their comments is 20 October 2023.
Issued by Marais de Vaal, Advisor: Environmental Affairs, AfriForum, 2 October 2023
