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The Congress of South African Trade Unions has joined other organisations in the campaign to highlight the country’s looming water crisis. It has submitted the following notice under Section 77 of the Labour Relations Act, setting out the problems and challenges we face and demanding urgent measures to resolve the crisis. Should there be no progress in addressing the challenges raised in this application, COSATU will have no option but to mobilise its members for a protest which will take the form of marches, demonstrations, pickets and stayaways.


1. Introduction

1.1 Water is essential for life; it has social and economic value. As a social good, water is used by households for a healthy living standard. As an economic good, it is used in the production of goods and services; or it is used by households “beyond the basic minimum required to sustain a healthy level of living”. It is essential for irrigation in agriculture for the production of food and cash crops. It is used in mines and for generating energy, for instance hydro electricity.

1.2 One of the key challenges confronted by the democratic government post-1994 was the extension of water and sanitation services to the millions of South Africans who had been denied these services by the apartheid government. Accordingly, the Reconstruction and Development Programme (RDP) declared that the right to access to clean water should constitute the fundamental principle upon which water resources policy of the new democratic government would be based. [1] <#_ftn1> This goal of the RDP later found expression in the Constitution of the Republic of South Africa. Section 27(1) (b) of the Constitution guarantees the right to access to sufficient food and water.

1.3 In line with the constitutional provision the percentage of households who have access to piped or tap water has since increased to 89%. However, an increasing number of water service users have serious complaints about the quality of the service. While in 2005 and 2007, 76% and 72% respectively, of water users were satisfied about the quality of water related serves, only 58.8% was satisfied in 2009. People complain that the water they get is “not clean, clear, good in taste or free from bad smells”.[2] <#_ftn2> So the number of people with water is increasing, but it certainly not in line with what the RDP envisaged: the right to access to clean.

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1.4 These complaints represent the microcosm of the water challenges the country is facing: pollution, poor quality and scarcity. While the country is a water scarce country, there is serious challenge of water pollution particularly by industry. There is also poor management and failure to maintain the water infrastructure.

1.5 Without a proper water supply, many sanitation facilities cannot operate effectively. This in turn results in unhygienic conditions which negatively affects the health of communities who do not have access to these basic services. The environmental rights protected in the constitution are closely related to the right of access to sufficient water. The environmental rights place duties on the State to prevent pollution and ensure conservation of SA’s scarce water resources.

1.6 COSATU notes that FEDUSA has already filed a Section 77 Notice on water. COSATU joins FEDUSA Section 77 Notice and outlines its position on the water situation in the next sections of this application.

2. The Challenges in the Water Sector

2.1 Water Scarcity

2.1.1 SA is a water scarce country. Climate change is also impacting negatively on the already precarious water situation in the country. The country has an average of 500mm of annual rainfall and 21% of the country is said to be receiving less than 200mm per annum. About 74% of SA’s water is made up of surface water from dams and direct abstraction from rivers. Ground water makes about 13% of the country’s water sources. The remainder is made up of return flows and water used by afforestation. The agricultural sector uses 60% of the country’s water, making it the top consumer of water in the country. About 2% of the country’s water is consumed by the power generation sector.

2.1.2 According to the DWA’s Integrated Water Resource Planning for SA, the scope for SA to grow its water resources is getting limited as the country is “very close to the full utilisation of all easily accessible water”. The plan further warns that the “few remaining large-scale water resource development opportunities are distant from centres of water demand, making water ever more expensive to deliver”.

2.1 Pollution and poor quality of water supplies

2.1.1 The key challenge compounding SA’s water scarcity problem is water pollution. Human beings and industries in particular use water resources like rivers, lakes and sea, to dispose of human and industrial waste.

2.1.2 The ocean water is polluted when cruise ships dump untreated sewage and other dirty water into the oceans and coastal waters. Ships and boats also litter plastics in the oceans.

2.1.3 Contraction sites dirt is carried by rain into streams, causing sediment pollution.

2.1.5 Litter from land is carried by wind or rain to water resources. Illegal dumping areas around the country are thus also contributing to the pollution of the country’s water resources. The lack of services like refuse removal results in people dumping illegally in open spaces or corners of our streets.

2.2 Acid Mine Drainage

2.2.1 Acid Mine Drainage (AMD) is another form of water pollution compounding the country’s water problems. AMD is basically the flow of acidic water from an abandoned mine. Mining activity takes place deep below the surface and below the water table. So water does get into the mine and it has to be pumped out of the mine constantly to prevent flooding. When a mine is abandoned the pumping ceases and water floods the mine shafts.

2.2.2 As the gold mining industry is in decline and most mines are no more operational, the country’s mining towns and cities are facing a serious challenge of AMD. The Centre for Scientific and Industrial Research (CSIR) warns that AMD is an enormous threat particularly in the Witwatersrand Goldfield, and the situation could become worse if remedial actions are delayed or not implemented urgently. Abandoned mines in Krugersdorp on the West Rand, Randfontein and the Wonderfontein Spruit are also said to be releasing acid water and polluting water resources.

2.2.3 AMD from coal mining is affecting the Highveld Coalfield in Mpumalanga, and has polluted the Loskop Dam and the Olifants River Catchment.

2.3 Lack of Investment and Maintenance of Infrastructure

2.3.1 The ageing municipality infrastructure is regarded as one of the key causes of water losses. The DWA is also putting blame on poor plumbing in RDP housing for water losses.

2.4 Problem of Affordability

2.4.1 The problem does not only involve the extension of water services but affordability as well. Just like in the case of electricity, the water boards use the cost-reflectivity principle in relation to pricing policy.

3. COSATU Demands in relation to the Water Sector Challenges

3.1 For the country to have reliable supply of water to meet both social and economic needs there is a need to invest in abstraction, treatment, storage and distribution infrastructure. There is a need to explore all cost-effective and environmentally sustainable ways to ensure reliable supply of water.

3.2 Accordingly, Cosatu supports the following supply side measures to address the looming water crisis:

3.2.1 Enhanced exploration of Ground water

Groundwater should not only be relied upon during difficult times like in the case of droughts. This would go a long way in addressing water challenges in parts of the country where people are forced to water of poor quality and share the same resources with animals; particularly for people living in small towns and villages.

3.2.2 Desalination

Desalination is another supply side intervention that could be used to address water challenges. Desalination must be done through technology that is not energy intensive. Accordingly, it would be important for DWA to finalise a National Desalination Strategy.

3.2.3 Water Reuse

Where water can be reused, particularly for industrial purposes this must be encouraged as relieves pressure on the water resources. We note that The DWA is developing a water reuse strategy and we demand its speedy release and engagement with stakeholders.

3.2.4 Rainwater Harvesting

Supply side measures that Cosatu supports include rain water harvesting. The advantages of rain-water harvesting include the following:

· Saving money as people can use it for other domestic purposes than drinking

· Can reduce the incidence of floods and storm water

· It has the potential to reduce water losses through evaporation and soil erosion.

COSATU proposes that as far as possible, all new RDP houses must have water storage tanks for rain-water harvesting. The communities must be trained on how to install the tanks along the lines of the EPWP. In the process more jobs would be created for our people.

The current government model of rain water harvesting is problematic. Government spends about R30 000 per household in water for food project whereby tanks are built underground to capture rain water. This water, because it is not clean, it can’t be used for other domestic purposes except for irrigation. Furthermore, this model is expensive to maintain.

4. Demand Side Management: Water Efficiency and Conservation

4.1 As indicated already, the DWA has warned that “the limits to the development of surface water resources have almost been reached, and the opportunities for the economic sitting of new dams are few and far apart”. This makes water conservation and DSM even more urgent to avoid the looming water crisis. Water conservation and DSM have the potential to mitigate the need for additional new resources of water.

4.2 DWA estimates that water conservation and DSM can reduce water use by up to 30%. The DWA also acknowledges that municipalities in the country solve the problem of water shortage by developing additional resources, often at a very high cost, when this shortage is entirely induced by water losses.

4.3 Water conservation and DSM can be better implemented if there are clear regulations in this regard. COSATU calls for policies that include punitive incentives against those who waste and pollute water, especially large water users. The polluter pays principle must apply. There is a need for raw water to have a block-tariff structure similar to that which is supposed to apply in the case of treated water, which will also take into account considerations of conservation, the environment and social equity. The raw water tariff must be based on the principle that the price of water increases with the amount of water used.

4.4 Other DSM COSATU calls for must also include the following:

§ An effective programme to deal with water leakages in the bulk water and reticulation system. This means a comprehensive programme to maintain and rehabilitate the existing dilapidated infrastructure in low-income areas;

§ Incentives as well as punitive measures to discourage wastage of water in wealthy residential areas and industry

§ Moving away from pit latrines as the basic sanitation service as they contribute to water pollution and the degradation of water ecological system

§ Sustained and consistent re-use of water

4.5 The move to renewable sources of energy has not only the benefit of mitigating climate change but will save water as well.

5. Dealing with Water Pollution

5.1 Acid Mine Drainage

5.1.1 According to the CSIR, if AMD were treated it could provide about 350ML/day for Witwatersrand Goldfields, which is 10% of the potable water supplied daily by the Rand Water to municipalities. The CSIR further indicates that the Western Utilities Corporation plans to establish a mine water treatment plant that will produce about 60ML/day for industrial reuse and 15ML/day of potable water for Gauteng province.

5.1.2 The Emalahleni Water Reclamation Plant in Mpumalanga also treats 25ML/day of acid mine water generated by coal mining to potable water.

5.1.3 The CSIR also warns that the threat of AMD to the environment will take a long time to solve and argues for an integrated plan to address the problem. If it is proven that the quality of treated mine water meets the required standards, it is a good idea to establish treatment plant to treat more of this water for both social and economic purposes. However, the workers and the poor must not ultimately bear the costs of treating this water.

5.1.4 In keeping with the COSATU call that the polluter must pay, the former owners of the abandoned mines must be tracked and be made to pay. They must contribute in the efforts to treat mine water for reuse. They must also contribute in measures to prevent the pollution of water resources by the AMD. The Department of Mineral Resources must ensure that all new mining licence holders do commit to dealing with problem of AMD.

6. Ownership and Control

6.1 Being essential for life, the right of access to clean water is enshrined in the Bill of Rights of the country’s constitution. For this right to be realised and in particular to deal with the backlog created by apartheid, the provision of water and water services has to be done by government. The national government will be the public trustee of the nation’s water resources. It must thus ensure that water resources are managed in a sustainable and equitable way for the benefit of all persons

6.2 Private ownership of water resources and the riparian principle are done away with. It is in this context that Cosatu does not support privatisation of water. Our concern with privatisation is based in the main informed by the following reasons:[3] <#_ftn3>

§ Privatisation leads to monopolies rather than competition and leads to domination by multinational companies

§ The savings from contracting-out disappear soon after contracting out has occurred

§ Private companies prefer to provide services in areas where they can maximise profit and in the process leave other areas under-resourced and underdeveloped

§ The social costs of privatisation of water services are borne by government

§ Private providers compromise quality in their endeavours to lower costs

7. Respondents

7.1 The Planning Commission

Union Buildings
Government Avenue
1st Floor East Wing
Arcadia

7.2 Department of Water and Environmental Affairs

Sedibeng Building
185 Schoeman Street
Pretoria

7.3 Department of Finance

Bogare Building
2 Atterbury Road
Menlyn
Pretoria

7.4 Department of Cooperative Governance and Traditional Affairs

Cnr Hamilton and Proes Streets
Arcadia
Pretoria

7.5 Department of Mineral Resources

Trevenna Campus
Cnr Mentjies and Schoeman Streets
Sunnyside

7.6 Department of Energy

7.7 Department of Agriculture, Forestry and Fisheries

Number 20 Agriculture Place
1st Floor Block D
Cnr Beatrix and Soutpansberg Road
Arcadia

7.8 Department of Human Settlement

Govan Mbeki
240 Walker Street
Sunnyside

7.9 Department of Rural Development and Land Reform

Old Building
184 cnr Jacobs Mare and Paul Kruger Streets
Pretoria

7.10 South African Local Government Association (SALGA)

Block B Menlyn Corporate Park
175 Corobay Avenue
Cnr Garsfontein and Corobay
Waterkloof Glen Ext 11

7.11 South African Association of Water Utilities

5 Skeen Boulevard
The Great Wall Building
Entrance A 2nd Floor
Bedfordview

7.12 Chamber of Mines

5 Hollard Street
Johannesburg

8. The Protest Action

8.1 Should there be no progress in addressing the challenges raised in this application, COSATU will have no option but to mobilise its members for a protest which will take the form of marches, demonstrations, pickets and stayaways.