BRIEFING THE PORTFOLIO COMMITTEE OF WATER AND SANITATION UPCOMING LEGISLATION Presented by: Mr Dan Mashitisho Director-General 10 May 2017

National Water and Sanitation Bill, 2017 CONTENTS Rationale Key drivers of legislative reform Layout and contents of the Bill

2. Rationale The Department is moving towards one piece of legislation whereby the National Water Act and Water Services Act will be merged to form one Act. Having one piece of legislation will enable everyone within the water sector to have a clearer understanding of legislative framework regarding water management across the entire water value chain This obviate the need for the cross reading between the two Acts.  

Key drivers of legislative reform National Water and Sanitation Master plan Water as a mega nexus Ownership of water and sanitation infrastructure Differential levels of service for sanitation Appropriate technologies for sanitation solutions Applications of appropriate authorizations/licensing

Key drivers of legislative reform Setting of tariffs for the whole value chain linked to level of service and economic conditions Linkage between spatial planning and water and sanitation master plan Consideration of other departmental legislations impacting on water and Sanitation(DCOG(WSA) Basic Education(schools), Human Settlements(informal settlements) User pay and polluter pays principles

Policy Position Principle Water For Equitable Use Use-It or Lose-it Appropriate actions to be taken to ensure registration and replacement by licence of all ELU 2. No Water Trading Between Authorised Water Users no form of temporary or permanent trading between authorised water users water which is no longer utilised to surrender such to the Minister   

Policy Principle 3. Prioritising Social and Economic Equity in the Reallocation of Water Decision making in reallocation of water will have equity as the primary consideration  4. Multiple Water Use Approach in Planning Infrastructure Planning of bulk water infrastructure A participatory planning approach will be adopted to avoid conflicts over allocations to different purposes or users 

Policy Principle 5. Access to Basic Water Supply The right to a basic amount of water and a basic sanitation service that is affordable    6. Free Basic Water Supply to Indigent Households  Free basic water supply will be provided to only indigent households 7. Institutional arrangement and governance Establishment, Powers and Functions of CMAs, Waterboards, RWU, WSAs Disestablishment of WUAs and Irrigation Boards, and merge them into CMAs

Policy Principle 8. Appeal functions to be aligned with NEMA and others appeal mechanisms  Appeals to the Minister; Mediation; or Arbitration

Policy positions CONTENTS Progress today Roadmap

Progress today ACTIVITY DATE First draft (ver.1) of the Bill was produced and shared with selected Chief Directorates to solicit inputs May 2015 Further refinement of the Bill in consideration of inputs and comments received June/July 2015 Two-day internal consultation workshopwith officials representing different Chief Directorates, CMAs, and Water Boards 23 & 24 July 2015

Progress today ACTIVITY DATE Formation of DG’s Technical Committee July 2015 Presentation of Waterboards CEs by Mr P Schemane at Rand Water 11 August 2015 DG’s Technical Committee meeting held in Cape Town 17 September 2015 Special Technical Committee meeting held at Rand Water 02 October 2015

Progress today ACTIVITY DATE Presentation to Top Management 15 February 2016 Submission to the Director-General for approval to consult with other government departments July 2016 Consultative workshop held with other government departments September 2016 Refinement of the Bill pending & after the approval on National Sanitation Policy On-going

ROADMAP ACTIVITY DATE Submit Cabinet Memorandum to DG and Minister May 2017 Draft Socio Economic Impact Assessment Completed Presentation of Water and Sanitation Bill to SPCHD Cluster Technical Working Group June 2017 DG presents Water and Sanitation Bill for discussion and recommendation at Clusters (SPCHD) Submission of the Bill for Preliminary Certification by State Law Adviser July 2017

ROADMAP ACTIVITY DATE Minister presents Bill for Gazetting for public comments at Cabinet meeting July 2017 Public consultation: 90 days starts: 30 days for the submission of written comments; 30 days for recoding comments, analysis, preparing responses and amendments to the Water and Sanitation Bill if any; and 30 days Final record of public comments, analysis and recommendations and final drafting August 2017

ROADMAP ACTIVITY DATE Certified Socio-Economic Impact Assessment Final report August 2017 Final record of public comments, analysis and recommendations and final drafting Certification by State Law Adviser Cabinet Memorandum for approval by DG and Minister Presentation of Water and Sanitation Bill to SPCHD Cluster Technical Working Group September 2017

ROADMAP ACTIVITY DATE DG presents Water and Sanitation Bill for discussion and recommendation at SPCHD Cluster October 2017 Minister presents Water and Sanitation Bill to Cabinet to submit to Parliament Submission of Water and Sanitation Bill to Parliament. November 2017

Thank you …