Exploring the challenges and opportunities for compliance monitoring and enforcement within the South African water sector

Abstract

In the pursuit to realise sustainable management and supply of water to all citizens, the government of South Africa is guided among others by Chapter 2 of the Constitution of South Africa, the National Water Act of 1998 (NWA) and the National Water Resource Strategy-3 (NWRS-3). The NWRS-3 is a legal instrument that is responsible to enact the NWA providing a framework to ensure the responsible utilisation of the country’s water resources (DWS, 2023; Mamokhere, 2022; Molobela & Sinha, 2011). The NWRS-3 also provides measures to ensure that the Department of Water and Sanitation (DWS) fulfils its legal mandate of protecting, using, developing, managing and controlling these water resources in the best interest of the public (DWS, 2023). The strategy further makes provision for objectives, actions and measures of the Minister which must be implemented to regulate the water sector in the country to achieve the purpose of the NWA. One such example is the administrative system for the authorisation of water use, which aims to regulate the sustainable use and distribution of water within the sector. These water use authorisations (WUAs) are supported by compliance monitoring and enforcement (CME) which is a mechanism to ensure compliance through the monitoring of performance in line with prescribed WUA conditions. Ultimately, the goal of CME is to restrain any unlawful practices which may compromise the quality and quantity of our water resources in the country (DWS, 2023; Schreiner et al., 2011). For this reason, the DWS relies on CME which forms an integral part of the environmental management framework in South Africa by strengthening the regulatory functions to improve compliance and enforcement related to WUAs (DWS, 2023).

However, international literature suggests that several challenges exist when it comes to CME (Edo et al., 2022; Wilson et al., 2011). The challenges range from the duplication or overlapping of functions between government departments; the lack of political will to make good decisions as well as insufficient funding and resources that impact negatively on the regulatory sector (Ambituuni et al., 2014; Belal et al., 2015; Prasetyaningsih et al., 2022). Within the South African context, similar challenges have been observed in the broader environmental management sector and are related to the insufficient capacity and training; shortcoming in the quality of environmental authorisations and ineffective regulation (Carden & Armitage, 2013; Kotzé, 2006; Weston & Goga, 2016;). With this in mind, the aim of this research was to explore the challenges and opportunities for compliance monitoring and enforcement in the South African water sector, with specific reference to the WUAs.

To achieve the aim of the research, a qualitative research approach was adopted and supported by semi-structured interviews of 20 participants within the field of CME within DWS (head office in Pretoria). Three open-ended questions were directed to the participants to distil the challenges, opportunities and how the challenges related to CME within the water sector may be overcome. A thematic analysis method was applied to identify and analyse patterns of meaning from the responses. A summary of the key challenges includes insufficient skills, knowledge and interpretation inconsistencies of the NWA and related environmental legislation by CME officials and affected stakeholders, communication barriers between CME officials and relevant stakeholders and undefined roles and responsibilities between the CME units at head office and regional offices. A summary of the opportunities includes stakeholder engagements through forums and workshops; conducting inspections/ investigations creates a regulatory awareness among water users and the Environmental Management Inspectors (EMIs) power to carry a criminal docket enabling EMIs to investigate a potential environmental crime and gather evidence to present to the National Prosecuting Authority (NAP), speeds up the process and number of cases handed over for prosecution.

These challenges may be overcome by promoting capacity building and training awareness in the water sector; consistent communication between CME units and relevant stakeholders and improving inspections/investigations through collaborations with relevant stakeholders to increase CME awareness and actions. With some context-specific differences, it is evident that the results related to CME challenges and opportunities experienced in the South African water sector are similar to those of international case examples.

Based on the research results, the following key recommendations are proposed which may assist the DWS to improve the overall effectiveness of CME within South African water sector in relation to WUAs. The first recommendation is that the DWS includes the promotion of continuous training and awareness within the CME units and the water sector. Secondly, to ensure consistent communication between the relevant officials and affected stakeholders. Thirdly, to clearly define roles and responsibilities within the CME head office and regional offices and finally, to direct budget and resources to CME.