An Analysis of South Africa's Provision of Emergency Water Supply During the Covid-19 Pandemic: Accountability and Expiration

Authors

DOI:

https://doi.org/10.17159/1727-3781/2022/v25i0a9301

Keywords:

Right to water, emergency water supply, COVID-19, municipal budgeting, corruption

Abstract

The COVID-19 pandemic has illuminated the widespread lack of access to adequate water and sanitation in South African informal settlements and rural areas. While the full complexities of the relationship between inequality, COVID-19 and water in South Africa are still unfolding, the importance of access to water emerged early on in the pandemic, and catalysed an emergency response from the Department of Water and Sanitation (DWS). This article analyses the impact of the DWS' COVID-19 response in three ways. Firstly, the available data on the provision of tanks and tankers is examined to highlight the importance of a reliable monitoring system. Secondly, the dangers of prioritising short-term action at the expense of long-term sustainability are discussed with reference to the twin challenges of further reduced municipal revenue and redirected funds. Thirdly, the implications of a future cessation of emergency water supply is considered. This analysis provides evidence and perspectives to guide the post-COVID-19 transition from emergency to routine water services provision, and distils lessons which might be applied to the approaching challenge of water services provision in the context of climate change.

Downloads

Download data is not yet available.

Author Biographies

  • Lisa Chamberlain, Wits University

    Visiting Senior Lecturer, University of the Witwatersrand; Research Associate, Southern Centre for Inequality Studies

  • Alana Potter, End Water Poverty

    International Coordinator, End Water Poverty, South Africa

References

Bibliography

Literature

Bilchitz D ʺGiving Socio-Economic Rights Teeth: The Minimum Core and its Importanceʺ 2002 SALJ 484-501

Blackmore A "The Application of and the Prospects for the Public Trust Doctrine in South Africa: A Brief Overview" 2018 SALJ 631-641

Bond P and Dugard J "Water, Human Rights and Social Conflict: South African Experiences" 2008 Law, Social Justice and Global Development 1-21

Centre for Applied Legal Studies A Tale of Six Buildings: The Lived Reality of Poor Peoples' Access to Basic Services in Johannesburg's Inner City (Centre for Applied Legal Studies, University of the Witwatersrand Johannesburg 2008)

Chamberlain L and Masiangoako T "Third Time Lucky? Provincial Intervention in Makana Local Municipality" 2021 SALJ 425-461 DOI: https://doi.org/10.47348/SALJ/v138/i2a7

Department of Cooperative Governance and Traditional Affairs State of Local Government in South Africa: Overview Report (Department of Cooperative Governance and Traditional Affairs Pretoria 2013)

De Groot J and Lemanski C "COVID-19 Responses: Infrastructure Inequality and Privileged Capacity to Transform Everyday Life in South Africa" 2020 Environment and Urbanization 1-17 DOI: https://doi.org/10.1177/0956247820970094

De Visser J, Cottle E and Mettler J "The Free Basic Water Supply Policy: How Effective is It in Realising the Right?" 2002 ESR Review 18-19

De Visser J and November J "Overseeing the Overseers: Assessing the Compliance with Municipal Intervention Rules in South Africa" 2017 HJRL 109-135 DOI: https://doi.org/10.1007/s40803-016-0050-x

Dugard J "Urban Basic Services: Rights, Reality and Resistance" in Langford M et al (eds) Socio-Economic Rights in South Africa: Symbols or Substance? (Cambridge University Press New York 2013) 275-309 DOI: https://doi.org/10.1017/CBO9781139108591.013

Dugard J The Right to Water in South Africa (Foundation for Human Rights Johannesburg 2016)

Dugard J and Langford M "Art or Science: Synthesising Lessons from Public Interest Litigation and the Dangers of Legal Determinism" 2011SAJHR 39-64 DOI: https://doi.org/10.1080/19962126.2011.11865004

Du Plessis A "A Government in Deep Water? Some Thoughts on the State's Duties in Relation to Water Arising from South Africa's Bill of Rights" 2010 RECIEL 316-327 DOI: https://doi.org/10.1111/j.1467-9388.2010.00692.x

Du Plessis A and Kotze L "The Heat is On: Local Government and Climate Governance in South Africa" 2014 J Afr L 145-174 DOI: https://doi.org/10.1017/S0021855314000047

Department of Water Affairs Water Services Regional Bulk Infrastructure Grant: Policy Document 2 (Department of Water Affairs Pretoria 2007)

Department of Water Affairs National Water Resource Strategy (Department of Water Affairs Pretoria 2013)

DWAF White Paper on a National Water Policy

White Paper on a National Water Policy for South Africa (Department of Water Affairs and Forestry Pretoria 1997)

Department of Water and Sanitation "Covid-19: Water and Sanitation Intervention" Powerpoint Presentation at a Water Research Commission Webinar Entitled Water and Sanitation: Learning and Looking Beyond the Covid-19 Crisis (26 May 2020)

Department of Water and Sanitation National Water and Sanitation Master Plan (Department of Water and Sanitation Pretoria 2019)

Eales K "Water Services in South Africa 1994-2009" in Schreiner B and Hassan R (eds) Transforming Water Management in South Africa (Springer Dordrecht 2010) 33-71 DOI: https://doi.org/10.1007/978-90-481-9367-7_3

Feris L "The Public Trust Doctrine and Liability for Historic Water Pollution in South Africa" 2012 LEAD 1-18

Gleick PH "Basic Water Requirements for Human Activities: Meeting Basic Needs" 1996 Water International 83-92 DOI: https://doi.org/10.1080/02508069608686494

Iles K ʺLimiting Socio-Economic Rights: Beyond the Internal Limitations Clausesʺ 2004 SAJHR 448-465 DOI: https://doi.org/10.1080/19962126.2004.11864829

M Kidd "Not a Drop to Drink: Disconnection of Water Services for Non-Payment and the Right of Access to Water" 2004 SAJHR 119-137

Kok A and Langford M ʺThe Right to Waterʺ in Brand D and Heyns C (eds) Socio-Economic Rights in South Africa (PULP Pretoria 2005) 191-208

Kotzé LJ "Access to Water in South Africa: Constitutional Perspectives from a. Developing Country" 2009 Finnish Environmental Law Review 70-106

Kotzé LJ "Phiri, the Plight of the Poor and the Perils of Climate Change: Time to Rethink Environmental and Socio-Economic Rights in South Africa?" 2010 JHRE 135-160 DOI: https://doi.org/10.4337/jhre.2010.02.01

Kotzé L and Du Plessis A "Putting Africa on the Stand: A Bird's Eye View of Climate Change Litigation on the Continent" 2020 Environmental Law 615-663

Ledger T and Rampedi M Mind the Gap: Section 139 Interventions in Theory and inPpractise (Public Affairs Research Institute Johannesburg 2019)

Liebenberg S "South Africa's Evolving Jurisprudence on Socio-Economic Rights: An Effective Tool in Challenging Poverty" 2002 LDD 159-191

Mehta L "Do Human Rights Make a Difference to Poor and Vulnerable People? Accountability for the Right to Water in South Africa" in Newell P and Wheeler J (eds) Rights, Resources and the Politics of Accountability (Zed Books London 2006) ch 3

Meyersfeld B "The South African Constitution and the Human­Rights Obligations of Juristic Persons" 2020 SALJ 439-478

Moyo K ʺPrivatisation of the Commons: Water as a Right; Water as a Commodityʺ 2011 Stell LR 804-822

Pieterse M ʺComing to Terms with Judicial Enforcement of Socio-Economic Rightsʺ 2004 SAJHR 383-417 DOI: https://doi.org/10.1080/19962126.2004.11864827

Rodina L ʺHuman Right to Water in Khayelitsha, South Africa – Lessons from a 'Lived Experiences' Perspectiveʺ 2016 Geoforum 58-66 DOI: https://doi.org/10.1016/j.geoforum.2016.04.003

South African Human Rights Commission Report on the Right to Access Sufficient Water and Decent Sanitation in South Africa (South African Human Rights Commission Johannesburg 2014)

Schreiner B and Van Koppen B "Policy and Law for Addressing Poverty, Race and Gender in the Water Sector: The Case of South Africa" 2003 Water Policy 489-501 DOI: https://doi.org/10.2166/wp.2003.0031

Socio-Economic Rights Institute of South Africa Claiming Water Rights in South Africa (Socio-Economic Rights Institute of South Africa Johannesburg 2020)

Takacs D "South Africa and the Human Right to Water: Equity, Ecology, and the Public Trust Doctrine" 2016 Berkeley J Int'l L 55-108

Uregu Ile I "Strengthening Intergovernmental Relations for Improved Service Delivery in South Africa: Issues for Consideration" 2010 Journal of US-China Public Administration 51-57

Van der Schyff E "Stewardship Doctrines of Public Trust: Has the Eagle of Public Trust Landed on South African Soil?" 2013 SALJ 369-389

Case law

Centre on Housing Rights and Evictions v Sudan (Communication No 279/03, 296/05) 2009 ACHPR 100 (27 May 2009)

City of Cape Town v Strümpher 2012 4 SA 207 (SCA)

Mazibuko v City of Johannesburg 2010 3 BCLR 239 (CC)

Mtungwa v Ekurhuleni Municipality (GSJ) unreported case number 34426/11 of 6 December 2011

Nokotyana v Ekurhuleni Metropolitan Municipality (GSJ) unreported case number 08/17815 of 24 March 2009

Residents of Bon Vista Mansions v Southern Metropolitan Local Council 2002 6 BCLR 625 (W)

Legislation

Constitution of the Republic of South Africa, 1996

Disaster Management Act 57 of 2002

Intergovernmental Relations Framework Act 13 of 2005

Local Government: Municipal Finance Management Act 56 of 2003

Local Government: Municipal Systems Act 32 of 2000

National Water Act 36 of 1998

Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998

Public Finance Management Act 1 of 1999

Water Services Act 108 of 1997

Government publications

GN R509 in GG 22355 of 8 June 2001

GN 982 in GG 41100 of 8 September 2017

GN 318 in GG 43107 of 18 March 2020

GN R398 in GG 43148 of 25 March 2020

GN R419 in GG 43168 of 26 March 2020

GN R446 in GG 43199 of 2 April 2020

GN 464 in GG 43231 of 15 April 2020

GN R465 in GG 43258 of 16 April 2020

International instruments

African Charter on Human and Peoples Rights (1981)

General Resolution on the Human Right to Water and Sanitation GA Res 64/292, UN Doc A64/PV.108 (2010)

Internet sources

Auditor-General of South Africa 2020 First Special Report on the Financial Management of Government's Covid-19 Initiatives https://www.agsa.co.za/Reporting/SpecialAuditReports/COVID-19AuditReport.aspx accessed 14 November 2021

City of Johannesburg 2020 A Million Indigent Houses Earmarked for Food Relief https://www.joburg.org.za/media_/Newsroom/Pages/2020%20News%20Articles/May%202020/1-million-households-to-benefit-from-City%E2%80%99s-food-parcel-voucher-scheme.aspx accessed 26 May 2021

Department of Environment, Forestry and Fisheries date unknown Full Technical Report on the Implication of Climate Change Impacts on Water Resources Planning in South Africa https://www.environment.gov.za/sites/default/filesdocs climatechange_impacts_water_resources.pdf accessed 14 November 2021

Department of Water and Sanitation 2020 Media Statements https://www.dws.gov.za/Comms/MediaStatements.aspx accessed 24 November 2020

Department of Water and Sanitation 2020 2 244 Water Tanks Rolled Out in Gauteng as Lockdown Regulations are Eased https://www.dws.gov.za/Communications/PressReleases/2020/MS%20-%202%20244%20water%

tanks%20rolled%20out%20in%20Gauteng%20as%20lockdown%20restrictions%20are%20eased.pdf accessed 24 November 2020

Department of Water Sanitation 2020 Media Statement: DWS Strongly Condemns the Dumping of Water Meant for Communities as an Act of Sabotage http://www.dwa.gov.za/Communications/PressReleases/2020/

MS%20-%20DWS%20strongly%20condemns%20the%20dumping%20of

%20water%20meant%20for%20communities%20as%20an%20act%20of%20sabotage.pdf accessed 24 November 2020

Department of Water and Sanitation 2020 Department of Water and Sanitation: COVID-19 Interventions https://static.pmg.org.za/

COVID_19_V7_20_April_2020.pdf accessed 24 November 2020

Department of Water and Sanitation 2020 Department of Water and Sanitation Deliver Water Tanks and Tankers to Vulnerable Communities to Curb Spread of Covid-19 in Gauteng https://www.randwater.co.za/Press%20Release/2020%20Media%20Release/Jojo%20TanksCovid-19.pdf accessed 24 November 2020

Department of Water and Sanitation 2020 Minister Sisulu Acts on Corruption in her Department http://www.dwa.gov.za/Communications/PressReleases/2020/MS%20-%20Minister%20Sisulu%20acts%20on%20corruption%20in%20her%20department.pdf accessed 25 November 2020

DWS 2020 http://www.dwa.gov.za/Communications/PressReleases/2020/MS%20-%20Statement%20by%20Minister

%20of%20Human%20Settlements,%20Water%20and%20Sanitation,%20LN%20Sisulu%20MP%20on%20the%20on-going%20challenges%20at%20Amatola%20and%20Lepelle%20Northern%20Water%20Boards.pdf

Department of Water and Sanitation 2020 Statement by Minister of Human Settlements, Water and Sanitation, LN Sisulu MP on the On-Going Challenges at Amatola and Lepelle Northern Water Boards http://www.dwa.gov.za/Communications/PressReleases/2020/MS%20-%20Statement%20by%20Minister%20of%20Human%20Settlements,%20Water%20and%20Sanitation,%20LN%20Sisulu%20MP%20on%20the%20on-going%20challenges%20at%20Amatola%20and%20Lepelle%20

Northern%20Water%20Boards.pdf accessed 25 November 2020

Department of Water and Sanitation 2020 Department of Water and Sanitation to Monitor Installation of Water Tanks in Alfred Nzo District Municipality http://www.dwa.gov.za/Communications/PressReleases/2020/MS 20%20Department%20of%20Water%20and

%20Sanitation%20to%20monitor%20installation%20of%20water%20tanks%20in%20Alfred%20Nzo%20District%20Municipality.pdf accessed 25 November 2020

International Budget Partnership 2020 Voices of South Africa's Informal Settlement Residents During the COVID-19 Crisis https://www.internationalbudget.org/covid-monitoring/ accessed 24 November 2020

Kings S 2020 Water Services Worse than in 1994 https://mg.co.za/environment/2020-01-31-water-services-worse-than-in-1994/?fbclid=IwAR0S9A05mftHTGPAxS9JjHrrZZdYdGvm1jI1f7XpJ8WBm3PkSgrJlhIl8UE accessed 24 November 2020

Mdekazi M 2020 Rejoinder to Athandiwe Saba's Article: Sisulu's Plan Threatens Water Future https://www.voices360.com/politics/rejoinder-to-athandiwe-sabas-article-sisulus-plan-threatens-water-future accessed 25 November 2020

Minister of Cooperative Governance and Traditional Affairs 2020 Regulations Issued in terms of Section 27(2) of the Disaster Management Act, 2002 https://sacoronavirus.co.za/wp-content/uploads/2020/04/Consolidated-Regulations-DMA-17-April.pdf accessed 14 November 2021

National Institute for Communicable Diseases 2020 About Us https://www.nicd.ac.za/ accessed 25 November 2020

National Income Dynamics Study - Coronavirus Rapid Mobile Survey 2020 About http://www.nids.uct.ac.za/about/nids-cram/nids-cram accessed 24 November 2020

National Treasury 2020 Instruction No 5 of 2020/2021 to Accounting Officers of All National Departments and Constitutional Institutions Entitled "Emergency Procurement in Response to National State of Disaster" http://www.treasury.gov.za/comm_media/press/2020/Instruction%205.pdf accessed 14 November 2021

Nowicki L 2020 COVID-19: Shifting Funds to Respond to Epidemic Will Prolong Makhanda Water Crisis https://www.groundup.org.za/article/cost-covid-19-response-will-prolong-water-crisis-makhanda/ accessed 24 November 2020

PMG 2019 https://pmg.org.za/committee-meeting/29052/

PMG 2020 https://pmg.org.za/committee-meeting/30104/Parliamentary Monitoring Group 2020 COVID-19 Initiative on Water, Sanitation and De-Densification: Briefing by Minister and DHS https://pmg.org.za/committee-meeting/30104/ accessed 24 November 2020

Parliamentary Monitoring Group 2020 Role of Local Government in Combating the Spread of COVID-19 Virus: SALGA Briefing https://pmg.org.za/page/RoleoflocalgovernmentincombatingspreadofCOVID19virusSALGA%20briefing accessed 24 November 2020

Parliamentary Monitoring Group 2020 Division of Revenue Bill: National Treasury, FFC and PBO Briefings https://pmg.org.za/committee-meeting/30105/ accessed 24 November 2020

Parliamentary Monitoring Group 2020 The Impact of the Supplementary Budget on DWS 2020 https://pmg.org.za/tabled-committee-report/4278/ accessed 24 November 2020

Potter A 2020 Comments on a Presentation to the Portfolio Committee: Department of Water and Sanitation COVID-19 Interventions http://www.seri-sa.org/images/SERI_comments_PC_DG_DWS_21_April.

pdf accessed 14 November 2021

Rand Water 2020 Rand Water Demobilizes COVID-19 Emergency Water Supply Project https://www.randwater.co.za/Rand%20Water%20

Documents/Rand%20Water%20Demobilizes%20COVID-19%20Emergency%20Water%20Supply%20Project.pdf accessed 24 November 2020

Saba A 2020 Sisulu's Plan Threatens Water Future https://mg.co.za/article/2020-04-23-sisulus-plan-threatens-water-future/ accessed 24 November 2020

Socio-Economic Rights Institute of South Africa 2020 Urgent Call for Immediate Action to Suspend and Resolve Water and Electricity Disconnections http://seri-sa.org/images/STATEMENT_Urgent_Call_for_Immediate_Action_to_Suspend_and_Resolve_Water_and_

Electricity_Disconnections_final.pdf accessed 24 November 2020

Socio-Economic Rights Institute of South Africa 2020 Challenging Evictions and Service Disconnections During Lockdown (12 June 2020) http://www.seri-sa.org/index.php/more-news/1027-advocacy-challenging-evictions-and-service-disconnections-during-lockdown-12-june-2020 accessed 24 November 2020

Sisulu LN 2020 Minister Lindiwe Sisulu: Debate on Water and Sanitation Dept Budget 2020/21 https://www.gov.za/speeches/debate-water-and-sanitation-dept-budget-202021-23-jul-2020-0000 accessed 25 November 2020

Sisulu LN 2020 COVID-19 SA Inter-Ministerial Lockdown Status Update: 28 March 2020 https://www.youtube.com/watch?v=HxudKGJnqwI&ab_channel=SABCNews accessed 24 November 2020

South Africa Gateway date unknown Infographic: Population Density in South Africa's Provinces https://southafrica-info.com/infographics/infographic-population-density-south-africas-provinces/ accessed 24 November 2020

Statistics South Africa 2011 Census 2011: Provinces at a Glance http://www.statssa.gov.za/census/census_2011/census_products/Provinces%20at%20a%20glance%2016%20Nov%202012%20corrected.pdf accessed 24 November 2020

Stone S 2020 ʺWe Can All Share the Slice" – Recording Reveals Sisulu Advisor Discussed Sharing R200 Million Emergency Tender https://www.news24.com/citypress/News/sisulu-adviser-discussed-sharing-contracts-20200531 accessed 25 November 2020

Townsend D 2020 COVID-19 Symposium: COVID-19 and the Human Right to Water and Sanitation https://opiniojuris.org/2020/03/31/covid-19-symposium-covid-19-and-the-human-right-to-water-and-sanitation/ accessed 24 November 2020

WHO 2020 https://www.who.int/emergencies/diseases/novel-coronavirus-2019/interactive-timeline

World Health Organisation 2020 Timeline: WHO's COVID-19 Response https://www.who.int/emergencies/diseases/novel-coronavirus-2019/interactive-timeline accessed 24 November 2020

Published

06-10-2022

Issue

Section

Articles

How to Cite

Chamberlain, L., & Potter, A. (2022). An Analysis of South Africa’s Provision of Emergency Water Supply During the Covid-19 Pandemic: Accountability and Expiration. Potchefstroom Electronic Law Journal, 25, (Published 06 October 2022) pp 1 - 42. https://doi.org/10.17159/1727-3781/2022/v25i0a9301

Similar Articles

1-10 of 717

You may also start an advanced similarity search for this article.