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06 October 2020 | Story Leonie Bolleurs | Photo Supplied
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

Inaugural lecture explores the compatibility of commercial certainty and constitutionalism
2015-10-15

From the left: Prof Caroline Nicholson,
Prof Elizabeth Snyman van Deventer,
Justice Malcolm Wallis and Dr Lis Lange.

Justice Malcolm Wallis presented his inaugural lecture, entitled “Compatibility of commercial certainty and constitutionalism”, to the Faculty of Law on 17 September, 2015. The occasion was attended by faculty staff, students, and senior members of the Bloemfontein judiciary.

In her welcoming remarks, Prof Caroline Nicholson, Dean of the Faculty of Law at the UFS,  expressed the immense pride the faculty has in hosting such an occasion, and the remarkable work of Justice Wallis in the South African legal fraternity over his forty-year career.

Justice Wallis spoke of the constitution’s important role in ensuring that the law in commercial matters is enforced fairly without the prejudice or undue influence from the desire to obtain or preserve personal advantage. “Try, if you can, to conceive of a society in which commercial relationships are enforced and enforceable purely as a matter of discretion. Ask yourselves:  how would such a society function?” he said.

He reiterated that the role and the rule of law is to guide and protect parties in commercial transactions. It has considerable impact on society in how it is enforced. “Commercial disputes may seem to involve only the parties to the proceedings, but when they involve significant changes to established commercial law, their impact is inevitably wider. Such changes affect other agreements, other relationships, underlying financing transactions, and, in our modern world, contracts of insurance and reinsurance. The latter at least will always have an international dimension,” he said.

He explored specific judgements and the role the concept of “Ubuntu” played in delivering them, the fair enforcement of commercial law, and how this should be an integral part of South African law under the constitution.

 In closing, Justice Wallis stated that “in principle, the existence of a constitution and constitutional rights need not destabilise commercial law, or the reasonable expectations of business people.”

Justice Wallis has received numerous accolades locally and internationally during his long career, including his appointment as a Professor Extraordinary in the Department of Mercantile Law at the University of the Free State in 2014.



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