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Solving Qwaqwa’s water crisis

06 October 2020 | Story Leonie Bolleurs | Photo Supplied

Dr Kgosi read more — Dr Kgosi Mocwagae explored the Qwaqwa water crisis because at a young age, he could not understand why the community in which he grew up faced so many water challenges despite a high presence of water from rivers, consistent rainfall, and streams bursting from the ground.

Dr Kgosi Mocwagae, Programme Director and Lecturer: Department of Urban and Regional Planning, received his PhD qualification during the October virtual graduation ceremonies.

His study, titled Exploring the Qwaqwa water crisis for effective planning post-apartheid, focuses on the water crisis in the Qwaqwa area, which commenced on 1 January 2016 and saw people without access to clean drinking water from their taps. The community had to turn to alternative means, such as collecting water from government-contracted water tankers, rivers, emergency hydrants, and wells.

Understanding the water crisis

Dr Mocwagae says the reason why he took up this study was because at a young age, he could not understand why the community in which he grew up faced so many water challenges despite a high presence of water from rivers, consistent rainfall, and streams bursting from the ground.

In this study, he aimed to explore the history of water policy in South Africa, together with the water crisis in Qwaqwa. He also documented the lived experiences of the affected Qwaqwa communities to determine the effect of not having access to clean drinking water in terms of quality of water, time, money, and distance travelled, to name just a few.

Dr Mocwagae furthermore assessed interventions by various actors during the Qwaqwa water crisis, which included accessing water from municipally contracted water tankers, streams and rivers, rainwater harvesting, donations, paying for delivery of water, boreholes, and emergency water hydrants intended for fire breakouts. He also investigated the implications of the Qwaqwa water crisis for effective planning in post-apartheid South Africa.

He states: “Despite reports from the government that the Qwaqwa water crisis was an issue from 2015 and a result of drought, the study proved differently.”

Water crisis due to poor planning

“Firstly, the water crisis was a cumulative effect of poor water planning since the founding of Qwaqwa as a homeland in 1974. Further to this, Qwaqwa has not been able to sufficiently provide water to the community from 1974 to date.”

Dr Mocwagae continues: “A major contributing factor to the water crisis was that the three dams in the area were still performing their primary functions as established during apartheid. Planning would have to be done to reprioritise water to Qwaqwa.

He also found that the municipality had not planned and invested in the maintenance and development of water infrastructure to provide water.

The study was also able to demonstrate that there is a form of socialisation in planning that does not prioritise the community of Qwaqwa. In this community, more than 50% of the people live in poverty. According to Dr Mocwagae’s findings, the idea exists that the community first needs to be viewed a worthy economic contributor in order for them to benefit from water that originates from Qwaqwa.

“Alternative means of accessing water and water-use education are also needed as part of the process of resolving the Qwaqwa water crisis,” says Dr Mocwagae.

News Archive

The failure of the law

2004-06-04

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

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