1. Elmarie van der Schyff elmarie.vanderschyff@nwu.ac.za
One for All and All for Water- Public Trusteeship and Co-operative Governance
Elmarie van der Schyff

2. The dream:
To make sure that the values of our democracy and our Constitution are given force in South Africa’s new water law, the idea of water as a public good will be redeveloped into a doctrine of public trust which is uniquely South African and is designed to fit South Africa’s specific circumstances. In its role of guardian of our Nation’s water resources national Government will keep the right to influence the country’s economic and social development- for the benefit of present and future generations- through the responsibility for determining the proper use of the nation’s water resources.

3. The Act:
As the public trustee of the nation’s water resources the National Government acting through the Minister must ensure that water is protected, used, developed, conserved, managed and controlled in a sustainable and equitable manner for the benefit of all persons and in accordance with its constitutional mandate.

4. The questions:
Does the decision or action promote sustainable use of a water source?
Has the impact that the decision or action might have on the future use of the water resource been considered?
Does the action promote equitable use of a water resource?
Are opposing claims on and interests in the resource balanced by considering all the criteria set out in the relevant provisions of the NWA?
Does the decision promote sufficient access and beneficial use of water?
Was the potential impact that the decision or action might have on existing property rights thoroughly considered?
Has all the potential stakeholders and interested parties been included and consulted in the decision-making process?
Are environmental values being promoted?