City-level law and governance for water security in South Africa

Abstract

South African cities are experiencing significant water challenges owing to urbanisation, climate change, and a confluence of social, economic, political, technical, and governance problems. These challenges are significantly impacting the provision of urban water services, exacerbating flood and drought risks, and compromising the health of aquatic ecosystems. Hence, cities are expected to engage in proactive planning, preparation, and response measures to address a multitude of threats and challenges to water, to be resilient, sustainable, and secure. The concept of water security emerges as an essential framework to address diverse and pressing water-related challenges in an integrated manner. This study provides an in-depth analysis of the concept of water security in its generality, and its specific application to urban areas, which is known as urban water security. Through this analysis, the study defines urban water security within the context of South African cities and delineates five dimensions of urban water security which cities may need to take on board in local law, policy, and governance responses. The study evaluates law and governance frameworks according to the following dimensions: access to water and sanitation, the protection of urban aquatic ecosystems (both freshwater and coastal), urban flood and drought risk management, as well as water as a socio-economic good (sustainability). This study draws on a range of sources applicable to urban (local government) law and development, water law, and environmental and climate change law. The premise of this study is that municipalities have a crucial role to play in achieving water security, by making use of the legal powers and mandates available to them. Through a desktop legal doctrinal and socio-legal analysis, this study appraises the international, African regional, and South African legal frameworks on urban water security. It assesses these legal frameworks for water security and unpacks the extent to which they delineate a role for local government to address water security. From the study it is evident that the role of local government

concerning urban water security, although fragmented, arises from the constitutional, environmental, climate change and water legal frameworks. The study establishes that this delineated role of local government in addressing water security can be executed through the adoption and implementation of a range of law and governance instruments, including by-laws, strategies, plans, and policies. The study assesses the extent to which municipalities are currently addressing water security through their law and governance instruments by evaluating three selected cities (Durban, Cape Town and Johannesburg) as case studies. The study asserts that cities can go above and beyond what is required by law and policy when it comes to water security through the adoption and implementation of integrated and coordinated policy and regulatory instruments.