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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

International organised crime expert speaks at our university
2011-07-25

 

Prof. Johann Henning, Dean of our Faculty of Law and Prof. Barry Rider.
Photo: Leonie Bolleurs

Prof. Barry Rider, respected amongst others for the vital role he is playing in the struggle to combat money laundering and organised and economic crime delivered a lecture, Stewardship in Islamic Financial Law, at our university as part of the Faculty of Law’s Prestige Series of seminars.

He has taught mainly at Cambridge and London Universities and has delivered a valuable contribution as an academic in various fields of law. He has read papers and taught at more than 300 universities and conferences in more than 63 countries. He has also authored more than 35 legal handbooks and has made a substantial contribution to several more specialist publications. He is editor of, amongst others, The Company Lawyer, the International and Comparative Corporate Law Journal and the Journal of Financial Crime. His main areas of research are in financial law and the control of economic crime.
 
Prof. Rider has a relationship of more than twenty years with our university. In this time, he received the Doctor Legum (honoris causa) for his involvement with the drafting of money laundering and insider trading legislation. The university has also appointed him as Professor Honorarius in the Faculty of Law (only the second in its more than hundred-year history) for his vast and pivotal role in international law reform as an academic law reformer.
 
As part of his appointment as Honorary Professor in the Faculty of Law, Prof. Rider often delivers lectures in the faculty. During his recent visit, Prof. Rider’s lecture on Islamic Financial Law shed light on the importance of this topic in today’s economy, as money generated from Islamic businesses make up $750 billion to $trillion of the world’s economy. After 9/11, the West wanted to understand more about Islamic Financial Law.
 
The Islamic Financial Law system is determined by the Koran. For instance, Muslim business people cannot allow any payment of interest, as it is forbidden by the Koran.
 
Prof. Rider’s lecture on this very relevant topic was very insightful. As consultant to the Islamic Financial Services Board (IFSB) he spoke with authority on the topic. He is the only British academic lawyer assisting this body.
 
Prof. Rider currently serves in an advisory capacity at the international law firm Bryan Cave LLP. Apart from the IFSB, he is also consultant to the Asian Development Bank.

 

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