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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

Inaugural lecture explores the compatibility of commercial certainty and constitutionalism
2015-10-15

From the left: Prof Caroline Nicholson,
Prof Elizabeth Snyman van Deventer,
Justice Malcolm Wallis and Dr Lis Lange.

Justice Malcolm Wallis presented his inaugural lecture, entitled “Compatibility of commercial certainty and constitutionalism”, to the Faculty of Law on 17 September, 2015. The occasion was attended by faculty staff, students, and senior members of the Bloemfontein judiciary.

In her welcoming remarks, Prof Caroline Nicholson, Dean of the Faculty of Law at the UFS,  expressed the immense pride the faculty has in hosting such an occasion, and the remarkable work of Justice Wallis in the South African legal fraternity over his forty-year career.

Justice Wallis spoke of the constitution’s important role in ensuring that the law in commercial matters is enforced fairly without the prejudice or undue influence from the desire to obtain or preserve personal advantage. “Try, if you can, to conceive of a society in which commercial relationships are enforced and enforceable purely as a matter of discretion. Ask yourselves:  how would such a society function?” he said.

He reiterated that the role and the rule of law is to guide and protect parties in commercial transactions. It has considerable impact on society in how it is enforced. “Commercial disputes may seem to involve only the parties to the proceedings, but when they involve significant changes to established commercial law, their impact is inevitably wider. Such changes affect other agreements, other relationships, underlying financing transactions, and, in our modern world, contracts of insurance and reinsurance. The latter at least will always have an international dimension,” he said.

He explored specific judgements and the role the concept of “Ubuntu” played in delivering them, the fair enforcement of commercial law, and how this should be an integral part of South African law under the constitution.

 In closing, Justice Wallis stated that “in principle, the existence of a constitution and constitutional rights need not destabilise commercial law, or the reasonable expectations of business people.”

Justice Wallis has received numerous accolades locally and internationally during his long career, including his appointment as a Professor Extraordinary in the Department of Mercantile Law at the University of the Free State in 2014.



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