MINUTES OF PROCEEDINGS

PORTFOLIO COMMITTEE ON AGRICULTURE, WATER AFFAIRS AND FORESTRY

Monday, 09 February 1998 (at 10:00)

PRESENT:

Ms J Y Love (Chairperson)

African National Congress

Mr J D Arendse, Mr P C Cronje, Mr N L Diale, Mr M W Duna, Mr M S Gininda, Mr J Z Kati, Ms J Y Love, Mrs R T Mabudafhasi, Mrs N Mabude, Mrs M C Mabuza, Mr M M Masala, Ms N B Mfono, Mrs M L Ngwenya, Mrs B M Ntuli, Mrs M S Seperepere, Bishop L J Tolo.

National Party

Mrs M J Badenhorst, Mr Z D Mnguni, Mr M O Robertsen, Dr E A Schoeman, Mr A S van der Merwe, Mr I D van Zyl.

Inkatha Freedom Party

Mr R R Mbongwe, Mr J H W Mentz.

Freedom Front

Mr W Minnie (for Mr P W Grobbelaar)

Apologies

1. Mr J F Van Wyk

The following persons were in attendance:

1. Minister Prof. K Asmal, Water Affairs and Forestry 2. Mr M Muller, Director-General; Department of Water Affairs and Forestry (DWAF). 3. Judge A Geldenhuys, Assisting DWAF 4. Ms R Steyn, Legal Advisor; DWAF 5. Mr C Audie, DWAF 6. Mr H Kavin, DWAF 7. Mr T Khumalo, Ministry Liaison Officer

The following documents were distributed in the Meeting:

1. Presentation on the National Water Bill by Minister Prof Kader Asmal - 9 Feb 1998. 2. Constitutional restrictions on a new Water Law dispensation by Judge A Geldenhuys. 3. A diagram showing the relationship between population links and water.

The Chairperson welcome all present in the meeting.

An apology on behalf of Mr T Sokutu, Deputy Director-General: DWAF was forwaded. He is representing the Minister in a meeting at Fort Hare University.

1. Introduction of the draft Water Resources Bill by Minister Prof Kader Asmal

The Minister explained to the Committee the policy behind and the background to the draft Water Resources Bill. He informed the Committee that the draft Bill is a transformative, constructive and forward looking piece of legislation. He also informed the Committee that the Bill seeks to address the imbalances of the past 40 years and take into account those who have made investments based on the then allocations. This is to ensure stability and prosperity for the country in the short as well as in the long term. He further mentioned that the country will face a water emergency by the year 2020 unless a legislation of this nature is in place.

The Minister informed the Committee that DWAF have been crafting the Bill for the past three years. The reason being that the DWAF wanted to make sure that all sectors of society get an oppurtunity to contribute to the drafting of this Bill. The Minister also informed the Committee that 36 workshops were held nationally on the National Water Bill to involve the provinces and stakeholders. It was mentioned that a set of principles were identified. An enormous amount of consultation took place nationally on these principles, culminating into a conference in East London, in October 1997. As a result of the East London conference, the original principles were fine tuned, redrafted and approved by Cabinet in November 1997.

The Minister further informed the Committee about the agreement between the DWAF and Department of Environmental Affairs and Tourism which map out in broad terms how the two departments should work certain operational aspects of the bill.

The Minister concluded his presentation by informing the Committee that the bill seeks to ensure the following:

• requirements for basic human needs are reserved.
• local water users play a direct role in water resources management through catchment management agencies
• priority is given to those who were previously disadvantaged in the allocation process in order to ensure that they are not disadvantaged any further by not recognising their plight.

He mentioned that the Bill recognises that in the process of rectifying the errors of the past certain people may be affected negatively. Therefore, a provision for compensation for those people whose livelihood and economic viability are threatened is included in the final draft of the Bill. He also mentioned that the draft bill seeks to improve economic growth in our country and among other things, efficient use of resources, job creation and any other activity that is beneficial and with broader objectives of our country.

2. Presentation on the general overview and structure of the Bill by Mr Muller, DG: DWAF

The Committee received a brief overview about the structure of the Bill from the DG. It was mentioned that the Bill is structured to among other things to promote equity, human needs, agricultural expansion in a sustainable way.

The DG then took the Committee chapter by chapter around the draft National Water Bill.

Chapter 1 to 18: The DG explained the Committee that these chapters deal with principles and objectives of the bill like role of the government. Also about issues like basic entitlement, strategies for water management, institutions to deal with these strategies and protection of water. The DG further mentioned that the use of water is very important, not only for consumption but also for recreation, energy generation, transportation, etc which compels the government to regulate the use of water. The DG concluded his briefing by mentioning that the contents of the bill replaces the Water Act of 1956.

3. Brief review of the Water Act of 1956 by Judge A Geldenhuys

The Committee received a comparison of the new bill with the current Water Act of 1956. The Committee was informed among other things that the Water Act (1956) is a truly South African Act which was developed towards the end of the century. It was codified in 1912 as the Conservation and Irrigation Act which focused mainly on irrigation. Judge Geldenhuys also mentioned that the Water Act (1956) replaced this 1912 Act.

Basic concept of the Water Act (1956)

The Committee was informed that the Water Act (1956) distinguished private and public water. It was mentioned that private ownership of water was allowed and that communities were sometimes restricted from getting their water from the catchment area. The difficulties in applying this Act was also mentioned.

The Committee was further informed that the principle of universality of public water put emphasis on water as a property belonging to every citizen of a country. This means that everybody should have access to water. It was also mentioned that the National Water Bill covers this principle. It was further mentioned that the Water Act (1956) attempted to portion water by Water Courts that thus does not work.

Judge A Geldenhuys concluded his briefing by informing the Committee that the new Bill is opting for government controll in all areas and every category of water. He also mentioned that too much water drawn from underground water will affect rivers and too much water drawn from the river will affect the environment.

4. Overview of sections of the Bill by Ms R Steyn and Mr C Audie

Ms Stein explained the Committee that Section 3 of the new bill deals with the protection of water resources. She also mentioned that the environmental clauses seek to achieve the protection of water resources. She also explained that section 18 has a provision for the DG to make preliminary determinations of the reserve. She further mentined that the state through this section has a duty to prevent environment pollution by putting in place measures which will compel those involved in environment pollution to clean up the pollution. Both the DWAF and Environmental Affairs will be working together.

The Committee was taken through Chapter 4 by Mr C Audie. He explained to the Committee that this chapter contains the heart of the new bill. It indicated how the individual is affected and how the Bill provides a smooth transition from the past Act to the new. He also mentioned that the public interests are taken into account in this new bill. The practice of taking underground water which can make neighbours land very dry was also mentioned as something which the new attempts to regulate.

It was further mentioned that section 22 and 23 of the new bill is completely different from the present Water Act because it covers all uses of water. The reason is that any person who want to use public water must apply for a licence to use the water.

The Committee was told that section 24 makes a provision for the DG or Catchment Management Agency to be responsible to iitiate the establishment of catchment mnagement. Section 25 and 26 were mentioned as sections dealing merely with administrative activities. It was also explained that section 27 to 43 deal with general procedures to be followed for issuing licences and the powers of the Minister regarding stream flows. Mr Audie concluded his presentation mentioning that in the new bill the issuing of licence can be taken into review every five years.

5. Overview of institutions and financial provisions in the Bill by The DG

The DG briefed the Committee around the establishment of Catchment Management Agencies. He mentioned that the new legislation allows the DWAF carry out the functions of the CMA's until these agencies are established. The idea of CMA's is to achieve a balance of interests for the benefit of all the people. The activities of these agencies are funded by Parliament or by charges from water users. It was also mentioned that chapter 9 and 10 deals the establishment of the Advisory Committees and Water Users Association. The idea is to ensure that water users are having a say in the use of water.

Financial provisions

The DG explained to the Committee that issues dealing with financial provision are mentioned in chapter 5. In terms of the water policy, emphasis are on Water Management Agencies to ensure that contributions are received from the users. It was also mentioned that section 58(3)b provides for water management institution or consumers to set funds for the production, development and operating a dam.

It was further mentioned that section 58(4) and (5) provides for the need for guidance to the pricing policy. This is to avoid partisanship or bribery. The DG explained that the pricing policy does not oblige single price of water across the country.

The Committee was informed that section 58 to 60 deals with technical provisions which allow and regulate how the Minister should give financial assistance.

6. What the Bill seek to achieve by Judge Geldenhuys

The Committee was told that the Bill, among other things, provides for the, protection of water resources and to rectify gender and other forms of discrimination. It promotes and encourages good relations with neighbouring countries. It also allows the Minister to give particular attention to the licensing of previously disadvantaged communities.

New principles

The Committee was informed that the draft bill contains principles such as those whichmong other things does not allow unrestricted water rights, recognise water as a public asset,etc.

Provisions dealing with monitoring networks

The Committee was also informed that the Minister has less powers as compared to the previous Act. He is expected to consult before putting a national strategy, before establishing and disestablishing of catchment management agencies. It was further mentioned that the new act reduces admin work. Judge Geldenhuys concluded his presentation by informing the Committee that the new bill is very brief, simple and in line with water legislation ithroughout the world.

The Chairperson thanked the Minister and members of the DWAF delegation for their presentation.

The Committee endorsed the process to be followed including adverts calling for submissions until the public hearings on this Bill, providing DWAF with the oppurtunity to respond.

The meeting deliberated and adjourned at 16:20 until Tuesday, 10 February 1998.