1. Workshop 24 February and 24 March 2017
Venue: River Meadow Manor, Jan Smuts Avenue, Centurion
Water and Sanitation Services
Principles, law, standards and funding
In the workshop an overview will be given of the components and main issues affecting water and
sanitation services in South Africa. The focus will be on the essential principles governing the
regulation of water services in the developing democracy in South Africa. It will be explained what
constitute the essential components of a well-run water service.
The importance of sustainable water services will be interrogated as one of the key drivers for social
and economic development. The Constitution of 1996 was adopted to improve the quality of life of
all citizens. The Constitution states that everyone has the right to have access to sufficient water;
and that everyone has the right to an environment that is not harmful to their health or well-being.
The Water Services Act of 1997 acknowledges that there is a duty on all spheres of government to
ensure that water supply services and sanitation services are provided in a sustainable manner. Local
government is fundamentally developmental in orientation, according to the Municipal Systems Act
of 2000. Communities should be involved in planning service delivery and performance
management.
National and provincial governments have concurrent legislative competence regarding municipal
health services and municipal water and sanitation services. It means that the national government
and the provinces may set standards that municipalities have to comply with when delivering water
services. They also have a duty to monitor municipal service delivery.
2. Municipalities are supposed to manage their finances in a sound and sustainable manner. Some
municipalities are in dire straits financially. Fortunately, they are entitled to grants from the national
government. For example, the Constitution demands that an Act of Parliament provides for the
equitable division of revenue between the three spheres of government. This and other grants and
sources of funding will be explained during the workshop, as well as the conditions attached to
funding.
Each municipality needs to have a supply chain management policy in terms of which it should do its
purchasing. The policy also applies to the purchasing of goods and services to enable the
municipality to deliver water services. It also governs municipal entities and applies to public private
partnerships. We will be discussing these elements of water service delivery during a two day
workshop.
DAY 1 Friday, 24 February 2017
Topic 1 Importance of Water, Sanitation and Hygiene for Social and Economic development
Discussion of the global thinking and plans for water and sanitation
Explaining the WASH concept- Water, Sanitation and Health.
Importance of safe water and sanitation.
Topic 2 A brief discussion of the status of drinking water quality and the state of some of the
wastewater treatment plants
Wastewater treatment plants affecting the Hennops River will be discussed. The latest Blue and
Green Drop statistics of the municipalities will be compared.
Topic 3 Planning for infrastructure development
Importance of planning, and what is meant by proper planning.
Importance of policies;
Role of the Water Services Development Plan (WSDP) and the Integrated Development Plans
(IDP)
Sources of planning support available for municipalities
3. Wells and boreholes are an important source of water for many communities in Africa.
Unfortunately, the water is often contaminated.
Topic 4 Funding for infrastructure, understanding capital and running costs, sources of funding,
tariffs and payment for services
Explaining funding concepts such as capital funds and operational funds, loans, grants etc.
Social projects and economic projects- principles
The life-cycle costs of projects interrogated and pitfalls explained.
Sources of funding available such as the Municipal Infrastructure Grant (MIG)
Information from the Division of Revenue Act.
Powers to curtail transfers when money not spent.
What can the National Treasury do when a municipality does not follow the procurement
procedures of the Municipal Finance Management Act?
Water tariffs and payment for services.
Free basic services. (what should be provided free and how should it be funded)
New infrastructure versus refurbishment of existing infrastructure.
Water losses and reduction of losses- who pays for this?
Topic 5
The Constitution divides roles and responsibilities in the state household, including principles setting
out what services people are entitled to and how they should be governed. The following will
provide the constitutional context for the workshop:
The role of the Constitution in setting out rights and obligations.
An overview of the legislation that governs municipal service delivery by explaining which
Acts of Parliament have been promulgated to enable municipalities to turn constitutional
rights and obligations into a reality. They are the National Water Act 36 of 1998; the Water
Services Act 108 of 1997; the Municipal Systems Act 32 of 2000, the Division of Revenue Act
4. 3 of 2016; the Municipal Finance Management Act 56 of 2003 and the Preferential
Procurement Policy Framework Act 5 of 2000 and its 2017 regulations.
The role of municipalities in realising the right of access to sufficient water as a human right;
5. Topic 6 Water Resource Quality
Introduction to the National Water Act of 1998
The division between the roles and obligations of the national provincial and local
government to regulate and monitor water service delivery;
The difference between water as a resource and water services (sanitation and water in a
reticulated system).
Objectives of the National Water Act;
The types of authorisation to use water;
The need for authorisation:
Water uses;
Discharging wastewater
National standards and conditions of authorisation;
Pollution control;
Catchment management agencies and the role of the public.
Water leaving a waste water treatment plant at Witbank is entering the
Olifants River still containing pollutants.
6. Day 2 Friday, 24 March 2017
Sending a water tanker to a community may be essential,
but is it economical and what are the real costs and impact
on sustainable social and economic development?
Issues like this will be debated.
Topic 7 Water services and related legislation that affect the municipal sphere of government
7.1 An introduction to the Water Services Act of 1997;
What is a basic water supply? Minimum standards as prescribed.
What is a basic sanitation service? Minimum standards as prescribed.
Introduction to the Water Services Development Plan;
National standards;
Policies and by-laws;
Monitoring;
Public consultation.
7.2 The role of municipal health departments;
7.3 Provincial legislation and municipal ordinances that are still on the statute book
7.4 By-laws in Tshwane (as an example of municipal by-laws)
7. Many people have to use bad toilets like this. The following sanitation issues will be debated:
What is safe sanitation according to the national standards?
What are the sanitation guidelines from the WHO (World Health Organisation)?
Topic 8 Tenders for the delivery of water services
Constitutional standards in section 217 dealing with that any organ of state have to comply with
when inviting proposals; bids or tenders for the delivery of goods or services;
Basic principles of the Preferential Procurement Policy Framework Act 5 of 2000;
NEW An explanation of the potential impact of the Preferential Procurement Regulations of
January 2017;
Basic principles of municipal supply chain regulations;
Procuring water services providers;
Service delivery contracts;
Public private partnerships
Topic 9 Discussions, additional case studies and questions
Copyright:
The photograph on the first page was taken by Helgard Muller, Marika van der Walt took all other
photographs.
About the Presenters
Helgard Muller served as Chief Director for Water Services in the Department of Water Affairs
before his retirement. He holds BSc and Masters engineering degrees from the University of
Stellenbosch; is registered as a Professional Engineer and is a Senior Fellow of the Water Institute of
8. Southern Africa (WISA). Over the last 3 years he acted as specialist consultant for various local and
international clients on water policy, regulation and institutions.
Marika van der Walt is director of the company Water Consumer Consulting (Pty) Ltd. She obtained
a doctorate in water law (LLD degree) from North-West University. She did her BA LLB at the Rand
Afrikaans University, where she also obtained an LLM degree in Human Rights Law and
Constitutional Practice. She is a lawyer in private practice.
Booking information
Venue: River Meadow Manor, Centurion.
Date: Friday 24 February 2017 and Friday 24 March 2017
Time: 8:30 for 9:00
Cost: R2300 per person for both days. A discount of R300 per person is applicable if the
booking and payment is received by 15 February. A 10% discount is applicable when two or more
people book and payment is received promptly.A 15% discount is applicable if 4 or more people
book and payment is received promptly.
Please e-mail your details to marikav@law.co.za or send a fax to 08668 4 3736. Call Marika on 082 900 7300.
Bank details and an invoice will be provided on receipt of an e-mail. We need the following:
Surname_____________________________First names____________________________
Job description______________________Company_____________ _____________________
Work address________________________________________________________________
Interest in the water sector_____________________________________________________
E-mail address______________________Telephone number_______________
Cell phone number__________________
Please send us an e-mail asking for an invoice. A booking will only be made once the invoice was paid in full.
Officials of government departments need to obtain the necessary authorisation before booking for the
conference. No refunds will be made in case of cancellation.