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Prof Anthony Turton
Prof Anthony Turton is a water expert from the Centre for Environmental Management at the University of the Free State.

Opinion article by Prof Anthony Turton, Centre for Environmental Management, University of the Free State. 


South Africa and Australia, both arid countries with historical ties to the British Empire, face significant water management challenges. Despite common legal and parliamentary systems, the two nations diverge in their approaches to water sector governance, leading to markedly different outcomes in economic prosperity.

In examining the disparities, it becomes evident that contemporary South Africa is grappling with a scenario resembling a failed state, particularly evident in the breakdown of the electricity and water services sector. This raises a fundamental question – why is the South African water sector faltering while its Australian counterpart thrives? 

Why is the South African water sector collapsing?

Addressing the collapse of the South African water sector requires a nuanced understanding rooted in historical context. The origins of the issue can be traced back to the British Empire’s consideration of federalism during the Anglo-Zulu War. While federalism found success in Canada and Australia, it failed to take root in South Africa.

Fast forward to the present, South Africa operates as a unitary state with a centralised water policy and national water law. This uniform approach leaves little room for local variation, resulting in a cookie-cutter model applied nationwide. Despite water being a constitutional right and given that free basic water is guaranteed to all, the sector faces challenges such as high levels of unaccounted-for water, leakages, and poor management. The absence of justiciable water rights and the separation of water from land ownership hinder private sector involvement. Consequently, utilities are reliant on government bailouts, a situation exacerbated by failing water and electricity grids, diminishing the tax base, and escalating unemployment. 

Australia’s flourishing water sector: A model of innovation 

Australia’s federal structure facilitates a diverse array of state policies and laws, promoting adaptability to local conditions. Boasting over 30 distinct water authorities, each tailored to meet local needs, Australia thrives on a justiciable water right system that allows private ownership. Market forces drive water to its most productive use, and investor confidence is a cornerstone in decision-making. 

Australia’s innovative and market-oriented approach has resulted in well-managed utilities with robust balance sheets. The ability to raise capital from the bond market reduces reliance on public funds for bailouts. Groundwater plays a vital role, accounting for around 40% of the total resource, while innovative technologies, such as seawater desalination, are embraced at the utility scale.   

South Africa’s water sector: uninvestable and facing challenges 

Contrastingly, South Africa’s water sector faces challenges. A lack of innovative approaches, coupled with a rigid, cookie-cutter methodology has stifled local imagination. The state’s hostility towards private capital has rendered the water sector generally uninvestable. While some large water boards still maintain strong balance sheets, the growing debt burden from non-payment by municipalities poses a threat. Limited development of groundwater at utility scale, coupled with a reluctance to replicate successful initiatives, further compounds the challenges. Sea water desalination, where it exists, is confined to small package plants in distressed municipalities along the coast, often seen as unsustainable. 

Australia’s innovative solutions: integrating technology and conservation

Australia stands out for its innovative solutions. With a vibrant private sector driving constant technological advancements, groundwater is a key element in most utilities, actively integrated into the grid and accounting for around 40% of the total resource. Building codes align with water conservation, ensuring rainwater harvesting and aquifer recharge are actively pursued at various levels, including suburb and city. The management of sewage, increasingly sophisticated water recovery from waste, and seawater desalination at utility scale funded by private capital showcase Australia’s forward-thinking approach.  

Centralisation versus decentralisation  

In conclusion, the weakness of South Africa’s water sector lies in the highly centralised approach, resulting in ineffective, one-size-fits-all solutions. Local authorities often lack imagination, relying heavily on taxpayers and hindering innovation. Suspicion towards capital and technology further limits the sectors development. In contrast, Australia’s decentralised approach fosters vibrant water utilities capable of attracting both capital and technology. Entrepreneurs’ initiatives in desalination and water recovery programmes inspire investor confidence, leading to capital influx and secure, water-efficient local economies.

News Archive

UFS Dean presents lecture at the University of Cambridge
2009-10-09

 
Here at the main entrance (the "Chimney") of the Jesus College, after the certificate ceremony, are from far left: Prof. Barry Rider, Faculty of Law, University of Cambridge and Hosei Project leader, a group of students (Masters degree in Law) of the Faculty of Law from the Hosei University who received competency certificates after successfully completing the Hosei Summer School Project at the Jesus College, Prof. Henning, and Ms Li-hong Xing, Senior Research Fellow in the Centre for International Documentation on Organised and Economic Crime, Cambridge and Hosei Project Administrator.
Photo: Supplied

Prof. Johan Henning, Dean of the Faculty of Law at the University of the Free State (UFS) and Head of the Centre for Business Law at this faculty, delivered three papers during this year’s Cambridge International Symposium on Economic Crime that took place at Jesus College at the University of Cambridge in Cambridge. The theme of this 27th symposium was: “The enemy within – internal threats to the stability and integrity of financial institutions”.

Prof. Henning’s presentations were about: “Conflicts of interest and duty – a persistent threat”, “Data security and identity fraud” and “The responsibility of management for the prevention and control of financial crime-related risks”.

Over and above the three papers he delivered, Prof. Henning was also part of the secretariat of the symposium and he acted as chairperson at some of the workshops.

The UFS’s Faculty of Law was once again very much involved in the organisation and participation of the symposium. Since 1992, the Centre for Business Law of the Faculty of Law has been one of a few organising institutions of this popular and well-known symposium.

Prior to the symposium, Prof. Henning also acted as guest professor at the week-long Hosei Summer School Project that is presented by the Faculty of Law of the Hosei University (Tokyo Japan) in cooperation with the University of Cambridge. He presented two extended workshops for LLM students on International Business Law and Comparative Company Law.

Prof. Henning is also a Professorial Fellow at the Jesus College and a principal lecturer in International Mercantile Law at the Hosei University Summer School.




 

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