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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 Law students take on the world
2007-03-25

Back, from left: Prof. Elizabeth Snyman-Van Deventer (Associate Professor at the Department of Mercantile Law, UFS), Lucien Companie, Dee Leboela, Sunette Visser and Mr Jaco Deacon (Lecturer at the Department of Mercantile Law, UFS). Front, from left: Mr Van Aswegen (Naudes Attorneys), Prof Rita-Marie Jansen (Associate Professor at the Department of Private Law, UFS), J.C. Smith and Vicky Olivier.

Photo: Stephen Collett

A team of eight students from the Faculty of Law at the University of the Free State (UFS) will compete in an international arbitration competition in Vienna, Austria, from 30 March to 5 April 2007.

The Willem C. Vis International Commercial Arbitration Moot is an annual competition organised by the Institute of International Commercial Law at the Pace University School of Law in New York, USA. The goal of the competition is to foster the study of international commercial law and to train students in methods of alternative dispute resolution.

Students will be judged on two crucial phases: the preparation of memoranda for the claimant and respondent, and the presentation of oral arguments before an arbitral tribunal. “The Moot teaches the basic framework of international arbitration and the application of the uniform sales law to all participating students during the preparation of the memoranda and the oral arguments,” says one of the team members, Dee Leboela, who also took part in last year’s competition.

“This competition definitely prepares students for the legal practice in all facets, whether as advocate, legislator or other areas,” added Deman Smit, one of the team members who also took part last year.

This competition brings together students from a range of legal systems and cultures from all over the world to learn from the process and from each other. “This encourages the development of social competence, and lifelong skills that are needed in our profession, of which social relations play an important role,” says Leboela.

In its maiden participation last year the UFS did not disappoint, with the highest score of 49 out of 50 and the lowest being 38 out of 50. This year the UFS will compete with 178 universities from 51 countries. “With the right strategy, which involves selecting the students on academic merit and excellent advocacy skills, I believe we would make it to the top 32,” says Leboela with confidence.

The UFS team is Leboela, Smit, Lucien Companie, Vicky Olivier, Sunette Visser, Qaqamba Vellem, Hanno Bekker and Lucy Nthotso.
 

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