Time to call foul on failing water systems — Department of Water and Sanitation must red card itself

It’s hard enough to compete on the international rugby stage these days. So much more when there is a biased referee, often sarcastically referred to as the opposing team’s best player. Famous Springbok “water boy” Rassie Erasmus was barely back from his year-long ban after highlighting refereeing inconsistencies in a leaked video, when he again got sidelined for similar infringements.

Ironically, it’s been a year that has also highlighted the inconsistencies of South Africa’s water referee, the Department of Water and Sanitation (DWS). As custodian of South Africa’s water resources, the DWS is mandated by the National Water Act (36) of 1998 to ensure that our water resources are “protected, used, developed, conserved, managed and controlled” in a sustainable and equitable manner. This law among others provides the rules of the game for water users as the players and DWS as the referee.

In South Africa’s water games there are two main teams entered, the private sector and the state. The private sector includes players like agriculture, mining and industries while municipal bulk water and wastewater treatment plants mostly belong to the state. Regardless of who plays, the rules are the same and all players must comply with the requirements for admission (i.e. be authorised or licensed) and play according to the rules (licence conditions). It is the job of DWS as referee to ensure compliance and fair play.

After the Jagersfontein tailings dam collapse in September, DWS spokesperson Sputnik Ratau revealed that the Jagersfontein compliance audit in 2019 highlighted irregularities which needed to be addressed, including the storage of excessive tailings volumes which resulted in a directive being issued in December 2020. Following further investigation, it was reported that Deputy Minister of DWS, David Mahlobo, intended to lay criminal charges against the owners, Jagersfontein Developments, and rightly so.

Ironically, just a week later News24 revealed that 15 of the country’s 20 largest dams are not compliant with safety standards either. This time the custodian is the state, specifically DWS themselves. Imagine a potentially catastrophic dam failure in the wake of the heavy rains in parts of the country of the past month. Who will then be prosecuted since the referee is now also a player on the field?

Similarly, a lot of news coverage was afforded to the toxic spill from United Phosphorous Limited’s (UPL) Cornubia plant in Durban following the torching of their factory during the July 2021 unrest. The first thing to happen was to scrutinise the status of their water use and environmental authorisations and compliance. This is a necessary step in the accountability process because of the “polluter pays” principle. UPL released millions for the clean-up operations and continuous monitoring, despite the spill resulting from factors beyond their direct control.