The Portfolio Committee on Water and Sanitation has given cautious support to the Water Services Amendment Bill, which aims at increasing the effectiveness in the delivery of water services.
The Bill aims to enhance the licensing of water service providers so that they are competent and qualified. However, Committee Chairperson Mr Leon Basson reiterated that “it is crucial for the sector to develop its skills base; otherwise, the enhanced licensing will become a bureaucratic impediment.” A major risk is that water service providers may fail to achieve minimum competency levels, leading to the undesirable and illegal situation of most water service providers operating without a valid license.
The committee emphasised that effective municipalities are crucial, noting that no single legislation can overcome the deep-seated administrative and governance challenges. Their compliance requires broader reforms in local government.
Crucially, the Bill has strong compliance and enforcement mechanisms; the Committee welcomed provisions that would empower the Minister to act against persistent non-compliance. Penalties are heavy, as Section 82 allows fines of up to 587,279 USD, imprisonment of up to 10 years, or both. The newly inserted section 82A imposes personal liability on non-compliant directors and municipal managers in an attempt to expedite corrective measures.
The bill’s clarity regarding the respective roles of water services authorities and providers should also strengthen accountability. However, the committee expressed its concerns regarding the constitutionality of some of the clauses, particularly what it perceived as a “power grab” from local government by the Department of Water Sanitation. The department assured the committee that consultations with the South African Local Government Association (SALGA) and the Department of Cooperative Governance and Traditional Affairs (COGTA) will take place, but the committee will also engage directly with these entities to ensure the amendments fully comply with the Constitution and intergovernmental arrangements.
