Water provision on private land tackled
The department of water & sanitation wants water-use licences to be reviewed to force farmers and other commercial users to provide workers and their families with water as one of many measures proposed to ensure the dignity of those who work the land.
In a document published on Friday “for implementation”, the department makes several changes to rectify the “historical oversight” that it says left people working and living on private land in dire need of basic services.
The policy calls for a review of water-use licences for commercial use to uphold the constitutional rights of people living on private properties. It also calls for a census survey to determine how many people living on privately owned land do not have access to basic water supplies.
“Residents living on privately owned land with inadequate water supply may be using unsafe sources of raw water. Those with inadequate sanitation services may be using the bucket system, unimproved pit toilets or open defecation. Water services authorities must address this problem through applying this policy,” says the document, titled “Water and Sanitation Policy on Privately Owned Land”.
“Water-use licences for commercial water users will have to be reviewed to have a condition that compels them to set aside a portion of water for basic services for their employees and families, and these services should comply with the national standards for drinking water.”
The department had to reconsider its policies after the high court in Pietermaritzburg found in 2019 that many municipalities were, as water services authorities, in breach of the constitution in not providing labour tenants and farm occupiers with essential and basic services.
In that case, the municipalities claimed the right to private property was preventing them from fulfilling their duties to labour tenants.
The court found “a landowner cannot unreasonably deny the municipality access to his farm in order to install necessary infrastructure to ensure the provision of the services”.
The department’s new policy notes that municipalities are sometimes denied entry to private land, with landowners often citing section 25 of the constitution and safety as reasons. To address this the department says in the policy directive that municipalities must amend their bylaws to give officials the right to enter private land to provide basic services, including water and sanitation related services.
To allay safety concerns of landowners and their employees, the document says the bylaws must specify that officials make prior appointments with landowners and produce proof of identity on arrival.
“Landowners must cooperate in supporting the right of entry to their properties in the provision of basic services,” says the policy document. “In cases where the private landowner refuses any [water services authority] entry to the property for provision of water and sanitation services, the [authority] must institute other recourse, such as a court interdict against the landowner and/or other legal instruments and servitudes, including expropriation.”
The policy says farm workers whose tenure has been confirmed must be provided with permanent water and sanitation services, and directs municipalities to come up with tariffs and funding mechanisms to ensure households on private land are able to afford the services.
Water & sanitation minister Senzo Mchunu says stakeholders must ensure implementation of the policy directive. “This policy signifies a monumental stride forward in the unwavering commitment of the SA government to provide fair access to basic services for all citizens, especially those residing in privately owned land,” Mchunu writes in the policy preface.
“It acknowledges the historically overlooked individuals on privately owned land so that they can be considered when water and sanitation services are provided.”
The urgency and need to implement the policy was underscored by the department’s director-general, Sean Phillips. “The department is committed to the efficient enforcement of this policy. Recognising that policy formulation is just the initial step, we accentuate the importance of continual monitoring, evaluation and adaptation for its success,” said Phillips.
“The [department] will employ all applicable legislative measures, including interventions in water services authorities that do not comply with this policy, to guarantee its implementation.”
Agricultural organisations contacted for comment on the directive declined to do so.