COMMENT ON THE NATIONAL WATER AMENDMENT BILL, 2026 (B1-2026)

I do not support the National Water Amendment Bill, 2026, in its current form.

While I support the constitutional objective of promoting equitable access to water and addressing historical inequalities, I do not believe the proposed amendments have been shown to be rationally connected to the problems they seek to solve.

I object to the proposed amendments that:

1. prohibit private trading in water use entitlements and require surrendered entitlements to revert to the minister (clause 10);
2. introduce race-based reservation of water allocations and require greater consideration of race in future water allocation decisions (clauses 12 and 13);
3. introduce new powers to curtail existing water rights under a “use-it-or-lose-it” principle (clauses 17, 18 and 19); and
4. further expand ministerial control over Water User Associations and require compulsory transformation strategies (clauses 27 and 28).

I am concerned that the bill expands the powers of the Department of Water and Sanitation without first addressing nearly three decades of incomplete implementation of the existing National Water Act. The Department has not fully utilised the mechanisms already available to achieve equitable access to water, while acknowledging that the real barriers to meaningful participation remain land tenure, financing, infrastructure, technical support and licensing support. Instead of addressing those underlying constraints, the bill shifts towards greater state control over water use and race-based allocation mechanisms.

I believe Parliament should amend these provisions to ensure that any reform of South Africa’s water law is evidence-based, rationally connected to its stated objectives, and addresses the real causes of unequal access to water before expanding the Department’s powers over existing water use.

I therefore request the Portfolio Committee to substantially amend the bill before it proceeds further through the legislative process.