'Legislation Alone Cannot Solve Water Value Chain Challenges Without Focused Skills Development'

The Portfolio Committee on Water and Sanitation has tentatively welcomed the intentions of the Water Services Amendment Bill, which seeks to enhance the efficiency and effectiveness of water services authorities in delivering reliable water and sanitation services to communities.

While the committee supports the Bill’s objective to strengthen the licencing process and ensure that water services providers are competent and properly qualified, it emphasised that skills development within the sector will be critical to the success of these reforms
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Committee Chairperson Mr Leon Basson said: “While the intention to strengthen the licencing process to ensure that water services providers are capable and have the requisite skills to perform their functions is commendable, it remains critical that there is an adequate skills pool for these providers to draw from. The strengthened licencing process should not, however, become another bureaucratic impediment that will cripple the system.”

The committee raised concerns about the potential for unintended consequences if prospective water services providers fail to meet the minimum competency levels required by the Bill. Such a scenario could result in a situation where many providers operate without valid licences, which would be undesirable and illegal under the proposed amendments.

Municipal Capacity and Governance
 

The committee reiterated the importance of effective municipalities as a cornerstone of the water value chain. It emphasised that no legislation, regardless of its intentions, can on its own resolve the administrative and governance challenges facing many municipalities. The committee noted that broader reforms within the local government sphere are essential to ensure that municipalities can fulfil their water service delivery mandates effectively.
 

Enhanced Compliance and Enforcement
 

The committee welcomed the strengthened compliance and enforcement mechanisms contained in the amendment Bill, which will empower the Minister of Water and Sanitation to act in cases of persistent non-compliance with the Water Services Act.
 

Under Section 82, failure to comply with any obligation, instruction or directive under the Act, after being directed to do so, may result, upon conviction, in a fine of up to R10 million, imprisonment for up to 10 years, or both. In addition, Section 82A introduces personal liability for directors of business entities and municipal managers who fail to comply.
 

Mr Basson added: “Stronger enforcement mechanisms will hopefully address the current challenge of slow or inadequate implementation of remedial measures following the issuance of compliance notices.”
 

Clarity on Roles and Constitutional Considerations
 

The committee also welcomed the greater clarity provided in the Bill on the respective functions of water services authorities and water services providers, noting that this clearer delineation will enhance accountability and performance within the sector.
 

However, the committee expressed concern over the constitutionality of certain provisions, particularly the perceived power grab by the DWS from local government. It acknowledged the assurance from the Department of Water and Sanitation (DWS) that consultations have been held with the South African Local Government Association (SALGA) and the Department of Cooperative Governance and Traditional Affairs (COGTA), with a broad understanding reached among the parties.
 

Nonetheless, the committee is considering engaging with SALGA and COGTA directly to obtain their views on the Bill and ensure that the proposed amendments align with the Constitution and intergovernmental frameworks governing water service delivery.