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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

Law students rated among the top in the world
2007-04-18

The UFS team that competed in the moot arbitration competition in Austria was, front from the left: Sunette Visser and Dee Leboela; back from left: Lucian Companie, Vicky Olivier and Deman Smit.
UFS Law students rated among the top in the world
A team of eight students from the Faculty of Law at the University of the Free State (UFS) has put the university among the top universities in the world when it was ranked 46th out of 177 universities that recently took part in the Willem C. Vis International Commercial Arbitration Moot competition in Vienna, Austria.

Universities from more than 55 countries took part in the competition and 1 800 arguments were delivered over a period of seven days. The UFS team competed against countries such as Switzerland, Russia, Lapland and France.

The team did exceptionally well in all the arguments and was complimented on oral performance and litigation skills. “In the final round, one of the arbitrators, who is a practising international trade lawyer and arbitrator, said that the team’s oral arguments were of exactly the same standard as that of practising international trade lawyers in real arbitrations,” said Prof. Elizabeth Snyman-Van Deventer, coach of the team and lecturer at the Department of Mercantile Law.

To put the cherry on top, one of the team members, Deman Smit, received an individual oralist award and an honourable mention as one of the best speakers. His score of 138 out of 150 placed him within three (3) points of the international individual winner.

The Dean of the Faculty of Law, Prof. Johan Henning said: “The fact that Deman missed out on receiving the top speaker award by a couple of points is a striking example of the world class students this faculty is delivering. It also shows that the faculty needs not to stand back for law faculties such as those of Harvard, Freiburg, Munchen, Stanford and Sorbonne.”

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, United States of America. The goal of the competition is to foster the study of international commercial law and to train students in methods of alternative dispute resolution.

“The Faculty of Law also sees this competition as part of our development strategy to develop skilled arbitrators for commercial disputes. There is a need in Africa for commercial lawyers to facilitate international trade. This programme is also in line with the development strategies of the African Union,” said Prof. Snyman-Van Deventer.

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

Media release
Issued by: Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt@ufs.ac.za 
18 April 2007
 

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