Developed from a position paper prepared by Lenin Tinashe Chisaira for the Civil Society Consortium on Constitution Monitoring and Implementation. Presented at the consortium meeting at Elephant hills hotel, Victoria Falls, Zimbabwe. Views are mine

1. aligning the Water Act
to the Constitution of Zimbabwe
Summary
Presented by
Lenin Tinashe Chisaira/ Zimbabwe Environmental Law Association
25 April 2016
Elephant Hills Hotel, Victoria Falls

2. Layout
1. Introduction
2. The Water Situation in Zimbabwe
3. The 2013 Constitution on Water
4. The current Water Act [Chap 20:24]
5. Shortcomings of the Water Act
6. Comparative Analysis with other Jurisdictions
7. Recommendations
8. Conclusion
9. References

3. Executive Summary
1. the Act must include ‘right to water’,
2. Government framework for progressive realisation of this right.
3. a basic free water threshold for all the people especially the elderly,
disabled and underprivileged;
4. the improvement of water supply.
5. incorporating elements and principles of environmental justice
6. balance between the need to conserve water and make reasonable
allowances on the use of water for primary purposes.

4. Introduction
- This draft position paper serves to inform the realignment of the Water Act to
the 2013 Constitution of Zimbabwe.
- ZELA tasked with consulting and developing a CSO position paper on the Water
Amendment Bill.

5. Water Problems in Zimbabwe
 Zimbabwe is an agricultural economy
 need for water in parts of the economy such as industry and mining.
 , the universal needs for water are self-evident and failures at water
management in Zimbabwe has been met with a heavy price.-
 2008-2012 and on a low-key in 2016, the country has faced water-related
epidemics like cholera and typhoid,
 public health.

6. The 2013 Constitution on Water
 an expanded Declaration of Rights.
 The Constitution has a number of provision that have implications on water
management.
 Sec 77 (a) of the constitution provides that every person has the right to safe
clean and potable water.
 Section 73 provides that every person has the right to an ‘environment that is
not harmful to health or well-being.
 Water is also mentioned in the parts dealing with public finance management.
 Sec 301 (2) (d)
 specific references to water in the constitution, provisions on food security,
gender, children’s rights, health services

7. The current Water Act [Chap 20:24]
 the main legislation that deals with the development and utilization of water
resources in Zimbabwe.
 This parent act and its statutory instruments such as the Water (Permits)
Regulations [S.I. 206 of 2001], Water (River Systems Declaration) Notice [S.I.
34 of 2000], Water (Establishment of Catchment and Sub-Catchment Councils)
Notice [S.I. 209 of 2000], Water (Catchment Councils) Regulations [S.I. 33 of
2000] and the Water (Sub-catchment Councils) Regulation [S.I. 47 of 2000]
 Major shortcoming of the Water Act are that whilst the Constitution provides
for the right to water, the Act does not do so.

8. Comparisons with other Jurisidictions
 In countries such as South Africa, CSOs were at the forefront of ensuring that
water is provided free especially for the less privileged member of the
society. There has also been court cases such as that of Mazibuko v City of
Johannesburg where which the constitutionality of the Free Basic Water
policy was being challenged.

9. Comparisons with other Jurisidictions
 principles and standards on water resources management
–traced to Conventions like Rio Declaration
 UN Convention on the Law of the Non-Navigational Uses of
International Watercourse(1997), the Helsinki Rules(1966)
,the SADC Revised Protocol on Shared Watercourses
(2000) , UN General Assembly Resolution 64/292 and the
UN Human Rights Council Resolution 15/9.
 Convention on the Elimination of All Forms of
Discrimination against Women of 1979 ,the Convention on
the Rights of the Child of 1989.

10. Recommendations
1. Provision of a basic free water threshold
 free water threshold provision
 cognisance of the welfare of elderly ( sec 82) & those with disabilities in line
with (sec 83)
2. Water Act to include ‘right to water’
 Water Act provides for the use of water for primary purposes
 ‘Right to water’ should be stated in the Act.

11. Recommendations
3. Water Supply in cities
 local authorities especially those in urban areas need to uphold constitutional environmental human
rights, through the provision of adequate supplies of clean water.
4. Frameworks on progressive realisation of water and environmental rights
 Minister responsible for the administration of the Water Act must develop steps that clearly show how
the right to water and to a clean safe environment are being progressively realised.
5. No limitations on use of water for primary purposes
 In situations when people are using water for primary purposes, there should be no unjustified
limitations. Hence the use of water for reasonable primary purposes should not be limited by quantity
or access via private land.
6. Water Disconnections to be accompanied by court orders
 Local authorities should not have the power to disconnect water connections in people’s homes,
without a court order.

12. Recommendations
7. Access to Water by holders of Mining locations should be regulated
 Section 5 of the Water Act . Should be amended to include a provision that the
rights conferred to miners for access to water for primary purposes or ground
water for mining purposes should be subject to the rights of communities that rely
on the water source for primary use.
8. Decentralisation of water provision services: role of municipalities in water
supply
 The Constitutional provision on decentralisation has implications on service
delivery by local authorities.
 Local authorities should adhere to the good governance and transparency
principles espoused in the new Constitution in relation to social services such as
water.

13. Thank You