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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.

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Minister Jeff Radebe commends UFS for measures taken to address racial prejudices
2013-10-21

 

18 October 2013


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Minister Jeff Radebe lecture: YouTube video

Mr Jeff Radebe, Minister of Justice and Constitutional Development, last night delivered a lecture in the Prestige series of the Dean: Faculty of Law, at the Bloemfontein Campus of the University of the Free State (UFS).

In a packed hall with, among others, university students, staff and members of the judicial system, Minister Radebe said that many other academic institutions should look to the UFS when they deal with the challenges of racism in its various manifestations in their midst. “I commend the university for taking drastic measures to address the challenges of racial prejudices in its own backyard,” he said.

“Government can and must provide leadership, but it is the collective efforts of all our people that will ensure that we bridge the racial and historical divides that stand in contrast to our noble virtues as entailed in the Constitution,” the Minister said.

On the topic “Access to Justice” the Minister said that the Department of Justice and Constitutional Development has channelled more than 80% of its nearly R16 billion budget to the Access to Justice programme.

Minister Radebe talked about the reintroduction of the Sexual Offences Courts, which attests to the unrelenting resolve to eliminate the scourge of gender-based violence. “Fifty-seven of the department’s Regional Courts are being upgraded to operate as dedicated Sexual Offences courts during the 2013/2014 financial year. We believe that these sexual offences courts will help address the growing challenge of sexual offences in the country, particularly against vulnerable groups.”

The Minister also pleaded with law teachers to avail themselves to preside in the courts in our country to complement the decreasing number of presiding officers that are drawn from the attorneys’ and advocates’ profession. These services are normally rendered by the Commissioners pro bono as part of an endeavour to bring justice to all the people, including the poor.

A challenge that the UFS could help resolve,is the transformation of the legal profession. “We need to increase the number of Law students and in turn increase the number of attorneys and advocates in the pool from which we derive candidate judges,” Mr Radebe said.

The Legal Practice Bill and the transformation of the State Legal Service are the most important initiatives underway by which the Institutions of Higher Learning will make a contribution. “The Bill seeks to establish a single regulatory structure, which will be responsible for setting the norms and standards for all legal practitioners. Members of the public, as primary beneficiaries of the legal profession, will also be represented in this structure. Other important objectives of the Bill are the removal of barriers of entry to the profession for young law graduates who aspire to pursue a legal career, and the introduction of measures aimed at ensuring that fees chargeable for legal services are reasonable and within reach of ordinary citizens,” he said.

The Minister concluded: “Our courts must reflect both the race and gender demographics of our country and so must the university communities in their various capacities as a microcosm of the society we seek to build.”

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