Abstract
The institutional dynamics , policies, and legislation that were prevalent during the apartheid era have left imprints that are difficult to ignore as they still dictate the interaction between different elements in the water sector to date. The existence of riparian water rights made the legislation excluding and racist as far as water access was concerned because of the indisputable link between land ownership and access to water. Post-apartheid, the National Water Act (NWA) of 1998 has transformed the water regulatory landscape from the riparian system to a system aimed at achieving equitable water allocation for the benefit of all. It has done away with a private right system of water allocation by detaching water rights from land ownership. However, the water sector in South Africa is still facing a number challenges, leading to a delay in achieving some of the goals of the post-apartheid water law. This paper provides a review of relevant water policies and/or statutes from a new institutional economics (NIE) perspective to assess the success, or lack thereof, of post-apartheid water policy in South Africa. This paper found that South Africa’s water policy is premised largely on neoclassical economics framework. It concludes that the failure of the NWA and other institutions to incorporate social norms and customs is more likely to the persistence of skewed distribution of water resources.
Similar content being viewed by others
References
Adhikari B (2002) Property rights and natural resource: socio-economics, heterogeneity and distributional implications of common property resource and management. EEE Working Paper 3. Environmental Department, University of York, UK
Audouin M, Preiser R, Neinaber S, Downsborough L, Lanz J, Mavengahama (2013) Exploring the implications of critical complexity for the study of social-ecological systems. Ecol Soc 18(3):12
Boccaletti G, Stuchtey M, Van Olst M (2010) Confronting South Africa’s water challenge. Mc Kinsey and Company, New York
Bowen G (2009) Document analysis as a qualitative research method. Qual Res J 9(2):27–40
Brousseau E, Glachant J (2008) New institutional economics—a guidebook. Cambridge University Press, New York
Brown J (2013) Can participation change the geography of water? Lessons from South Africa. Ann Assoc Am Geogr 103:271–279
Challen R (2000) Institutions, transaction costs, and environmental policy: institutional reform for water resources. Edward Elgar Publishing Limited, Cheltenham
Cilliers P (2000) What can we learn from a theory of complexity? Emergence 2(1):23–33
Cole DH, Grossman PZ (2002) The meaning of property rights: law versus economics? Land Econ 78(3):317–330
Conradie B, Goldin J, Standish B, Visser M (2001) Competition policy and privatisation in the South African Water Industry. University of Cape Town: DPRU Working paper No 01/45. Development Policy Research Unit
Corson N, Aziz-Alaoui M (2009) Understanding complex systems. Scientific Publishing Services Ltd, Chennai
Cox JC, Ostrom E, Walker JM (2010) Bosses and kings: asymmetric power in paired common-pool and public good games. biennial social dilemmas conference. Rice University, Houston
Dent M (2006) CMAs as integration hubs for information and knowledge. Leadership Newsletter No. 33. University of Pretoria: African Water Issues Research Unit, Pretoria
Dent M (2008) Creating commons to manage commons. Leadership newsletter no. 77. University of Pretoria: African Water Issues Research Unit, Pretoria
Department of Water Affair (DWA) (2004a) National water resource strategy (NWRS): final draft. Department of Water Affairs, Pretoria
Department of Water Affairs (DWA) (2004b) The national water resource strategy (including a strategy for urban water conservation and demand management). Department of Water Affairs, Pretoria
Department of Water Affairs (DWA) (2012) Managing water for an equitable and sustainable future. Department of Water Affairs, Pretoria
Department of Water Affairs (DWA) (2013) National water resource strategy: water for an equitable and sustainable future. Department of Water Affairs, Pretoria
Francis R (2005) Water justice in South Africa: natural resources policy at the intersection of human rights, economics, and political power. Georget Int Environ Law Rev 18:149–96
Funke N, Nortje K, Findlater K, Burns MT, Turton A, Weaver A, Hatting HH (2007) Redressing inequality: South Africa’s new water policy. Environment 49(3):12–23
Grafton R, Libecap G, Mcglennon S, Landry C, O’Brien B (2011) An integrated assessment of water markets: a cross-country comparison. Rev Environ Econ Policy 5(2):219–239
Haigh EH, Fox HE, Davies-Coleman HD (2010) Framework for local government to implement integrated water resource management linked to water service delivery. Water SA 36(4):475–486
Imperial MT (2012) Developing a framework for analyzing partnerships for integrated water resources management (IWRM): an institutional analysis of watershed partnerships in the US design and dynamics of institutions for collective action. Utrecht University, Utrecht
James K, Randall N, Haddaway N (2016) A methodology for systematic mapping in environmental sciences. Environ Evid 5(7):1–13
Kapfudzaruwa F, Sowman MM (2009) Is there a role for traditional governance systems in South Africa’s new water management regime? Water SA 35(5):683–692
Lieberherr E (2009) Policy relevance of new institutional economics? Assessing efficiency, legitimacy and effectiveness. Discussion paper series on the coherence between institutions and technologies in infrastructures
Malzbender D, Goldin J, Turton A, Earle A (2005) The international workshop African water laws: plural legislative frameworks for rural water management in Africa. South Africa, Johannesburg
March J, Olsen J (1989) Rediscovering institutions. The organizational basis of politics. Free Press, New York
Matthew RC (1986) The economics of institutions and the sources of economic growth. Econ J 96(4):903–918
Meinzen-Dick R (2007) Beyond panaceas in water institutions. Proc Natl Acad Sci 104(39):15200–15205
Meissner R, Funke N, Nienaber N, Ntombela C (2013) The status quo of research on South Africa’s water resource management institutions. Water SA 39(5):721–732
Mokgope K, Pollard S, Butterworth J (2001) Water resources and water supply for rural communities in the Sand River Catchment, South Africa. In: 27th WEDC Conference: People and systems for water, sanitation and health. Lusaka
Muller K (2008) Assessing cooperative environmental governance systems: the cases of the Kogelberg biosphere reserve and the Olifants-Doorn Catchment management Agency. Politeia 27(1):86–104
Nash F (2012) Participation and passive revolution: the reproduction of neoliberal water governance mechanisms in Durban, South Africa. Antipode 45(1):101–120
North DC (1990) Institutions, institutional change, and economic performance. Cambridge University Press, Cambridge
Nystrom PC, Starbuck WH (1981) Handbook of organizational design. Oxford University Press, Oxford
Ostrom E (1992) Crafting institutions for self governing irrigation systems. Institute of Contemporary Studies, San Francisco
Ostrom E (2010) Beyond markets and states: polycentric governance of complex economic systems. Am Econ Rev 100(3):641–672
Ostrom E (2011) Background on the institutional analysis and development framework. Policy Stud J 39(1):7–27
Rossiaud S, Locatelli C (2010) Institutional economics. POLINARES Working Paper 2
RSA (Republic of South Africa) (1996) Constitution of the Republic of South Act 108 of 1996. Government Press, Pretoria
RSA (Republic of South Africa) (1997) Water Services Act (Act No. 108 of 1997). Government Press, Pretoria
RSA (Republic of South Africa) (1998) National Water Act. Government Printer, Pretoria
Saleth RM, Dinar A (2004) A cross-country analysis of institutions and performance. Edward Elgar, Cheltenham
Savenije HH (2002) Why water is not an ordinary economic good, or why the girl is special. Phys Chem Earth 27:741–744
Savenije HH, Van der Zaag P (2002) Water as an economic good and demand management: paradigms with pitfalls. Int Water Res Assoc 27(1):98–104
Shen D, Speed R (2010) Water resources allocation in the People’s Republic of China. In: Sun X, Speed R, Shen D (eds) Water resources management in the People’s Republic of China. Routledge, New York
Stein R (2005) Water law in a democratic South Africa: a country case study examining the introduction of a public rights system. Tex Law Rev 83(7):2169–2196
Thiel A, Hagedorn K, Tomas SV (2012) Institutional economics and political economy i: basic concepts and applications. Humboldt-Universitat zu Berlin. Faculty of Agricultural and Horticulture, Berlin
Thompson H, Stimie CM, Richters E, Perret S (2001) Policies, legislation and organizations related to water in South Africa, with special reference to the Olifants river basin. International Water Management Institute, Colombo, Sri Lanka. Working Paper 18 (South Africa Working Paper No. 7)
UNESCO (2012) Investing in water infrastructure, its operation and its maintenance. The World Bank, Washington, DC
WHO (2011) Guidelines for drinking-water quality, 4th edn. World Health Organization, Geneva
Williamson OE (2000) The new institutional economist: taking stock, looking ahead. J Econ Lit 38(3):595–613
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
About this article
Cite this article
Madigele, P.K. South Africa’s water regulatory and policy framework: a new institutional economic review. Sustain. Water Resour. Manag. 4, 129–141 (2018). https://doi.org/10.1007/s40899-017-0167-7
Received:
Accepted:
Published:
Issue Date:
DOI: https://doi.org/10.1007/s40899-017-0167-7