Compliance monitoring and enforcement mechanisms under the National Water Act 36 of 1998 for the prevention of water resource pollution by Water Services Authorities

Abstract

South Africa is a water-scarce country that cannot afford to diminish the value of the little water resources it has through continuous pollution by untreated or partially treated wastewater. The National Water Act 36 of 1998 has established legal tools to assist in the prevention of water resource pollution in general. This study examines the extent to which the Department of Water and Sanitation, as custodian of South Africa's water resources, utilises the Compliance Monitoring and Enforcement tools provided under the National Water Act 36 of 1998 to ensure compliance with water resource protection measures by Wastewater Treatment Works owned and operated by Water Services Authorities (municipalities). The study found that, historically, the Department of Water and Sanitation has relied predominantly on administrative enforcement tools, such as Notices and Directives. Yet, persistent non-compliance highlights the limited effectiveness of these measures. Recent shifts toward criminal enforcement assume that Water Services Authorities are unwilling rather than unable to comply, without fully accounting for the underlying causes of non???compliance. This study advocates for a holistic and targeted approach to compliance monitoring, involving multiple role players, to address water resource pollution by Water Services Authorities as a matter of emergency. The study further recommends that the Department of Water and Sanitation adopt a comprehensive approach, applying the full spectrum of Compliance Monitoring and Enforcement tools to assess their relative effectiveness under varying circumstances and establish a multiparty standing structure of support to Water Services Authorities