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

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

3. 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.  

4. 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

5. 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

6. 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   

7. 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 

8. 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

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

10. Policy positions
CONTENTS
Progress today
Roadmap

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. Thank you …