Public Trusteeship, the Reserve and the Water-Energy-Food (WEF) Nexus: Implications for Social Justice in South Africa’s Water Law

Abstract

This study explores how South Africa's water law has evolved to ensure fair and equitable access to water resources after the country's transition to democracy. Emphasis is placed on the transformative impact of the National Water Act 36 of 1998 (NWA), which effectively'nationalised'the country's water resources. The NWA asserts water as'a scarce natural resource that belongs to all people'. To facilitate the notion of water belonging to all, the NWA introduced ground-breaking concepts like public trusteeship and the Reserve to the landscape of South African water law. The paper delves into the legal intricacies of the novel concepts, and enhances their practical application by integrating them within the Water-Energy-Food (WEF) Nexus framework. The paper critically reflects on the WEF Nexus framework and explores the extent to which the WEF framework supports or undermines gains made by the concepts of public trusteeship and the Reserve. The overarching aim is to elucidate their combined implications for social justice in the context of South Africa's water law.