Sobona Mtisi presents the case for Water Reform in Zimbabwe and outlines its key principles. Presented at 'Moving Forward with Pro-poor Reconstruction in Zimbabwe' International Conference, Harare, Zimbabwe, (25 and 26 August 2009)

1. By
Sobona Mtisi
Overseas Development Institute,
Water Policy Programme

2. Overview of the Paper
Paper is organised in 6 main sections
I. Hydrological and Historical Context of Water
Resources in Zimbabwe
II. Water legislation during the colonial period,
particularly the 1976 Water Act
III. Access to water post 1980
IV. The Case for Water Reforms and its Key Principles
V. The Experience of the Water Reform
VI. Conclusions and Recommendations

3. Starting Point of Analysis
A meaningful analysis of water reform and its effects
on poverty and livelihoods in Zimbabwe, and
suggestions for a future water policy that contributes
to poverty reduction, must analyse the historical
context, past policies, political processes, and the
dynamic changes over time, as central to the
understanding of reasons and circumstances of
poverty (cf. Murray, 2001; Bracking 2003)

4. Central Arguments of the Paper
Although the post 2000 period presented complex
social, economic and political challenges that
undermined the water reform, and contributed to
deepening poverty, this paper argues that the concept
of integrated water resources management, which
informed the water reform in Zimbabwe was largely
incapable of reducing poverty and improving rural
livelihoods

5. An attempt to re-embark on reforming the water
sector during a recovery programme should pay
adequate attention to historical and contemporary
factors that lay at the core of inequitable access and
use of water, lack of effective participation in
decision-making on water, institutional
contradictions embedded in the water reform,
debilitating effects of paying for water on the poor,
and the underlying political history of land and water
distribution and how this shaped present patterns of
access and use of water and poverty.

6. Setting the Context: Hydrological
and Historical Background
There exists great variation in spatial distribution of
water resources in Zimbabwe
Average annual rainfall is 675mm, and it varies from
1500mm in the Eastern Highlands to less that 400mm
in the lowveld (Muir, 1994)
Only 37% of the country receives an annual rainfall of
700mm, which is sufficient for crop production

7. Geographically, Zimbabwe is divided into 5 Natural
Regions on the basis of climatic conditions, farming
potential and, to a certain extent, water resources.
Natural Regions 1, II, and III are high rainfall areas
and are richly endowed with water resources
While Natural Regions IV and V have low and erratic
rainfall, are drought prone and have limited water
resources.

8. Natural Regions of Zimbabwe

9. Historical Issues
It is on this landscape of diverse variation in water
resources, climatic conditions and agricultural
potential that colonial land acquisition was played
out.
A key point is that early European settlers forcible
acquired fertile and well watered land in Natural
Regions I – III, and subsequently resettled Africans on
marginal lands, which were referred to as ‘native
reserves’. ‘Native Reserves’ were invariably located in
Natural Regions IV and V

10. For detailed discussion on the historical land
acquisition during the colonial period refer to Palmer
1977a; 1977b; Moyana 1984; Moyo, 1986 and Tshuma
1997
This paper argues that a striking feature of the
colonial land acquisition was a simultaneous process
of deprivation of water among Africans to the extent
that the colonial experience did not only create a
skewed distribution of land but also inequitable
access to water

11. The Matebeleland Case in the
1890s
After the institution of the Matebele-Order-in-
Council of 1894 most land on the Ndebele highveld
was forcible acquired by European settlers, and the
Ndebele people were resettled on two ‘native reserves’
: the Gwayi and Shangani (Palmer, 1977a; Moyana,
1984; Tshuma, 1997)
These two ‘native reserves’ were described as 6500
square miles of waterless and infertile land, which the
Ndebeles regarded as cemeteries and not homes’
(Phimister, 1988:65)

12. Several pieces of legislation such as the Southern
Rhodesia Order in Council of 1920; Land
Apportionment Act of 1930 and the Land Tenure Act
of 1969 expanded, entrenched and formalised the
creating of ‘native reserves’ and ‘native purchase
areas’ in areas that lacked water resources and were of
low agricultural productivity.
On the hand, areas designated for European
settlement were frequently located in areas richly
endowed with water resources and of high
agricultural potential

13. African Irrigation Schemes
Within ‘native reserves’ there was an attempt to
develop African irrigation schemes to promote
productive uses of water on small pockets of irrigable
land.
One of the main reasons for the development of
African irrigation schemes was to allow for the
resettlement of a large number of people whose land
has been alienated or forcible acquired (Roder, 1965;
Weinrich 1975)

14. Infact, Weinrich (1975) pointed out that, contrary to
widespread practice elsewhere in Africa and Asia,
where irrigation schemes were developed as essential
bases for an agricultural revolution, in Rhodesia
African irrigation schemes were developed as
essential bases for subsistence farming

15. In sum, it is apparent that the colonial process of land
acquisition was tied to a process of water deprivation,
which shaped differential access to and use of water
for productive purposes between Africans and
European settlers.
Added to this process, was the establishment of a
legal and administrative framework that governed
access to, control and use of, water.

16. Water Legislation During the
Colonial Period
Between 1890s and 1927, water was governed by a set
of loosely coordinated pieces of water legislation
Water for agriculture was governed by the 1913 Water
Ordinance
1913 Water Ordinance was repealed by the 1927 Water
Act, which, in turn, was repealed by the 1976 Water
Act

17. 1976 Water Act
Key Principles
Classified water into ‘private’ and ‘public’ water
Access to ‘private water’ was vested in the owner of the
land on which it was found and exclusive use belonged
to such an owner
Access to ‘public water’ was vested in the State and its
use apart from primary purposes required a water right
to be granted by the Water Court
Right of access to ‘public water’ was based on prior
appropriation doctrine

18. Legal access to water was attached to land rights, and
were granted in perpetuity
Responsibility for the administration of the Act lay with
the Water Court, which was empowered to determine
applications for use of water
The Act put in a place a decentralised framework for
water management in the form of River Boards
River Boards were constituted by water right holders

19. Effects of the 1976 Water Act
The 1976 Water Act denied Africans legal access to
water for productive purpose by virtue of tying land
rights to water rights, whereby rights to water were
granted to landowners
Since Africans did not possess freehold title to land,
the provisions of the 1976 Water Act prevented
Africans from applying for water rights

20. In applying for legal access to water, applicants were
asked whether the water was going to be put to
‘beneficial use’. At the core of this question lay a
prejudice against African farmers precisely because
the term ‘beneficial use’ was interpreted as
‘commercial use’ (Mohamed-Katerere, 1994; Bolding,
1998).
It was thus inconceivable from the Water Court’s
perspective that African farmers could use water
‘beneficially’ or rather ‘commercially’.

21. Infact, African farmers’ use of water was viewed as
‘wasteful’ (ibid.).
The granting of water rights in perpetuity had the
attendant effect of limiting the amount of water
available to new applicants, thereby latently denying
them water

22. Continuity with Change: Post 1980
Water Access
The fact that the 1976 Water Act continued to be in
use post 1980 meant that the inequalities in water
access were largely perpetuated
Communal area irrigation increased by 4200 hectares
in a decade from 4300ha in 1983 to 8500ha in 1993
(GoZ, 1994)
Lack of irrigation development in communal areas is
partly attributed to austerity measures promoted
under the 1990s under ESAP (cf. Rukuni, 1990;
WRMS, n.d., 16-18).

23. Water Reforms The need for water reform i enm atnhateed 1fro9m9 tw0os
distinct debates
1. The need to ‘redress colonial injustices in the water
sector’ (Matinenga, 1999; Manzungu et al, 1999;
Bolding et al, 1999)
The main concern was to establish a legal framework
that ensured equal access to water for all
Zimbabweans. Equitable access to water was viewed
as providing a basis for rural people to gain access to
water for productive purposes which will contribute
to poverty reduction

24. A second strand was rooted in the global discourse of
‘integrated water resources management’ which
sought to ‘promote a coordinated development and
management of water, land and related resources, in
order to maximise the resultant economic and social
welfare benefits in an equitable manner without
compromising the sustainability of vital ecosystems’ (
GWP,2002)
In many ways, the water sector reform in Zimbabwe
reflect the embedment of the IWRM concept in
national policy frameworks

25. Key Principles of the Water Reform
1. Water would be managed on the basis of
hydrological boundaries – the catchment and sub-catchment
areas
2. Catchment and sub-catchment areas would form
the basis of decentralised water management
3. Water would be viewed as an economic good so as
to achieve efficiency and fair use of water

26. Key Principles Contd.
All people with an interest in the use of water
should be involved in decision making processes
about water
The State would own all surface and underground
water. Except for primary purposes, use of water
would need approval by the State

27. New Water Legislation: Water Act
and ZINWA Act of 1998
Water Act of 1998 set the parameters of access and
use of water as well as providing for the establishment
of catchment and sub-catchment councils composed
of elected representatives

28. Functions of Catchment and Sub-
CaFutncchtiomn oef nCCts Councils
Determining applications and granting water permits
Regulating and supervising the use of water
To serve as forums for participation and decision
making on water
Functions of SCCs
Regulating and supervising the exercise of water
permits
Collection of sub-catchment rates, fees and levies
Participating in the planning and management of water

29. ZINWA Act of 1998
Created ZINWA as a parastatal tasked with the
responsibility for providing a coordinated framework
for planning, development and management of water
resources

30. Functions of ZINWA
Advises the Minister on formulation of water policy,
water pricing and water resource development
Ensuring CC and SCC discharge their functions in
accordance with the Water Act
Provide technical assistance to CCs and SCCs
Exclusive responsibility for selling, supplying and
management of agreement water

31. Experiences of Water Reform and
Implications for Poverty Reduction Put in place some key principles for access, use and
management of water
1. The concept of ‘private water’ was abolished.
Ownership of water was vested in the State
2. Prior appropriation doctrine and the associated
practice of granting water in perpetuity were
removed. Instead, access to water was granted
through a water permit or agreement contract for a
specific period of time and subject to renewal

32. 3. The issuance of water permit or agreement water
was no longer tied to land
4. CCs and SCCs provided for participation and
representation of all water users, including
communal, resettlement and small-scale farmers
These changes, in principle, provided for equitable
access to water for the poor and the previously
disadvantaged

33. C1.hFainlalnecinalg Ceostss
There are significant costs associated with the
application of a water permit, as application forms have
to be bought and an application fee paid.
Access to water is dependent upon continued payment
of water, and most communal and resettlement farmers
in LSESCC could not afford the water fees. This was due
to;
Need to pay on a monthly basis in the context of
seasonal agricultural incomes and subsistence irrigated
agriculture
High inflation environment

34. Institutional Issues
Institutional access to water depends on the type of
water an individual wants to obtain. For surface and
ground water (i.e., raw water), a water user goes to
the SCC and CCs, while for ‘agreement water’, an
individual goes to ZINWA
Although the classification of water and the division
of institutional roles suggests a neat institutional
design, the reality is rather complex, with water users,
particularly in LSESCC, often unable to differentiate
the type of water that they use and which institution
to approach.

35. Institutional Issues contd.
Although ZINWA and CC and SCCs are supposed to
act in a coordinated fashion in providing water for
productive purposes, there is often competition
between the two institutions partly fuelled by the
need for collecting water user fees. In instances where
ZINWA sub-offices take over the responsibility for
collecting water fees, this is usually to the detriment
of SCCs and their participatory function in decision-making
processes on water

36. Participation
Participation of new water users has been fraught
with problems
1. Poor water users often lack the money to travel to
attend SCC meetings
2. Given that most communal and resettlement farmers
were settled in areas that lacked water resources,
some farmers have argued that they find it pointless
to participate in decision-making processes on a
resource that they do not have

37. Politics of Access to Land and
Water
Political narratives of access to land has been
extended to water to the extent that they have
undermined the reform particularly in LSESCC
For instance, a majority of A2 farmers in Middle Sabi
Commercial Irrigation Scheme were unwilling to pay
for water arguing that it contradicts the ‘revolutionary
principles’ of the fast track land resettlement
programme.
Yet, by so doing the A2 farmers were depriving
ZINWA sub-office and LSESCC with the vital revenue
for effectively implementing the water reform

38. Conclusions and
Recommendations
1. Conceptual underpinnings of policy: The water
reform was built around neo-liberal principles
couched in the IWRM concept, of which its
implementation coincided with the radical
transformation of the State in Zimbabwe. The
radicalisation of the State wrecked havoc to the
underlying principles of neo-liberalisation in the
water sector
2. The IWRM concept, central to the water reform
paid little attention to local historical grievances of
inequitable access to water

39. Broadly, the historical construction of communal
areas (the then ‘native reserves’), small-scale
commercial farms (previously ‘native purchase areas’)
and communal irrigation schemes ( African irrigation
schemes) in marginal agro-ecological areas,
characterised by limited water resources, poor soils,
drought proneness, high population densities, and
degraded environmental conditions, are what still
largely define these areas.

40. In view of this, it can be concluded that the 1990s
water reform provided limited possibilities for
increased use of productive water for new water users
residing in communal, small-scale commercial and
‘old’ resettlement schemes.
This paper suggests that any attempt to reform the
water sector must confront the historical legacy of
inequalities in access to land and water, particularly
its perpetuation during the past decade

41. This paper further suggests that water reform must be
linked, in innovative ways, with a land reform
programme which is aimed at providing access to
productive land to the poor for poverty reduction. It is
the combined access to productive land and water,
that water can be productively used to contribute to
poverty alleviation

42. Access to Water is Not Enough
While access to water is necessary, it is not sufficient
to reduce poverty. New water users, particularly the
poor, need access to a broad portfolio of other assets,
capitals and resources such as low-cost irrigation
technology, agricultural inputs, extension support,
micro-finance and markets.

43. Access to Markets
The development of, and improved access to, markets
for irrigated produce should lie at the core of a future
water policy. It is pertinent to state that markets play
a crucial role in poverty alleviation and livelihood
improvement as they provide an arena in which
agricultural produce is traded, and different services
to the water sector are provided, and interactions
with the wider economy, takes place.

44. Institutional Issues
The separation of ZINWA and CC and SCCs and the
institutional competition it engenders undermines
the participatory functions of CCs and SCC thereby
undermining the space for the voice of new water
users, particularly the poor
Perhaps one way of resolving the competition is by
better integrating the functions of ZINWA and CCs
and SCC in ways that enhance the voice of the poor in
decision-making processes on water

45. Politics of Access to Land
One way of resolving the politicisation of access to
land and its adverse impact on water sector reform is
to foster cooperation and coordination between
ministries responsible for water, land, agriculture and
policy implementation to enable policy coherence
that is aimed at poverty reduction, across sectors.
At the local level, this may provide a fruitful dialogue
between new farmers and representatives of ZINWA
and CCs and SCCs

46. IWRM based water reform seems to place more
emphasis on water management at the expense of
water development. Therefore a future water policy
must prioritise water and irrigation development
geared towards poverty reduction and economic
growth.

47. Thank You