Regional Environmental Change

, Volume 18, Issue 6, pp 1693–1706 | Cite as

Scale and consequences: does the distribution of formal powers and functions affect water management outcomes in federal contexts in Southern Africa?

  • Mike MullerEmail author
Original Article


The management of water resources requires the effective performance of a diverse variety of multi-scalar functions if it is to achieve its public objectives. It is influenced by the overarching governance arrangements within which these functions are undertaken. This paper considers the extent to which federal governance arrangements affect water management outcomes. Since the distribution of functions and enabling powers within, between and across levels of government varies widely amongst jurisdictions, it is difficult to compare different approaches. This paper uses cases from Southern Africa where specific functions are performed in terms of powers allocated under broadly federal arrangements to consider whether and how federal arrangements have hindered or helped countries and communities to manage their water to achieve public goals. It finds that federal arrangements have sometimes contributed to positive outcomes, primarily by introducing a degree of ‘polycentricity’ and network governance, which ensure that decision-making is informed by a wider range of perspectives. However, the outcomes depend on the content of the federal regulatory framework and the quality of its application rather than the overall structure of the federal regime. Governance structures alone cannot substitute for effective management.


Water management Governance Drought Climate change Southern Africa Sustainable development Regional integration Federalism 



This work was informed by research on water and regional development undertaken for the African Development Bank and the South African Water Research Commission as well as the European Centre for Development Policy Management as well as by the author’s earlier experience as a senior water manager in South Africa and ongoing participation in some of the processes described. Invaluable perspectives were gained through participation in a number of events organised by the editors of this special issue. The original manuscript was substantially revised to take account of the detailed, insightful and constructive comments of the anonymous referees as well as the editors of this special issue.


  1. Anderson G (2008) Federalism: an introduction, Oxford University PressGoogle Scholar
  2. Ashton PJ, Earle A, Malzbender D, Moloi MBH, Patrick MJ, Turton AR (2005) A compilation of all the international freshwater agreements entered into by South Africa with other states (WRC Project No. K5/1515), Water Research Commission, PretoriaGoogle Scholar
  3. City Press (2016) Nomvula Mokonyane’s Watergate (in) City Press, 10 July 2016 (accessed at) (April 2017)
  4. Darroch F (2003) The Lesotho corruption trials—A case study. Commonwealth Law Bulletin 29(2):901–975.
  5. DFID (2009) Political economy analysis. ‘How To’ note. DFID practice paper. Department for International Development, LondonGoogle Scholar
  6. Dube (2015) Donors versus investors in Southern African infrastructure development. (PERISA Case Study 1: Infrastructure). SAIIA, ECDPM, JohannesburgGoogle Scholar
  7. DWAF (2009) Vaal river system: large bulk water supply reconciliation strategies: water resource analysis, Department of Water Affairs and Forestry Report Number: P RSA C000/00/4406/05, PretoriaGoogle Scholar
  8. DWS (2017) ‘Projects and programmes’ (accessed 21st May 2018), Department of Water and Sanitation, Pretoria
  9. ECDPM (2017) The political economy dynamics of regional organisations in Africa, European Centre for Development Policy Management, Maastricht (accessed 21st May 2018)
  10. Ferraz B, Munslow B (2000) Sustainable development in Mozambique. Africa World PressGoogle Scholar
  11. Fossum JE, Jachtenfuchs M (2017) Federal challenges and challenges to federalism. Insights from the EU and federal states. J Eur Publ Policy 24(4):467–485. CrossRefGoogle Scholar
  12. Garrick DE, Anderson GR, Connell D, Pittock J (eds) (2014) Federal rivers: managing water in multi-layered political systems. Edward Elgar PublishingGoogle Scholar
  13. Hueglin TO (1990) A political economy of federalism: in search of a new comparative perspective with critical intent throughout. Research Paper 29. Institute of Intergovernmental Relations, Queen’s University, KingstonGoogle Scholar
  14. Hueglin T (2003) Federalism at the crossroads: old Meanings, new significance. Can J Polit Sci 36(2):275–294. CrossRefGoogle Scholar
  15. Hueglin (2013) Treaty federalism as a model of policy making: comparing Canada and the European Union. Canadian Public Administration 56(2):185–202. CrossRefGoogle Scholar
  16. Huitema D, Mostert E, Egas W, Moellenkamp S, Pahl-Wostl C, Yalcin R (2009) Adaptive water governance: assessing the institutional prescriptions of adaptive (co-)management from a governance perspective and defining a research agenda. Ecol Soc 14(1):26CrossRefGoogle Scholar
  17. Juizo D, Lidén R, Vaz ÁC (2006) Remaining challenges for bi-national agreements on shared water: the Umbeluzi case. Water Policy 8(3):231–253. CrossRefGoogle Scholar
  18. Lesotho/South Africa (1986) Treaty on the Lesotho highlands water project between the government of the Kingdom of Lesotho and the government of the Republic of South Africa (accessed 21st May 2018) (April 2017)
  19. MacKinnon D, Cumbers A, Pike A, Birch K, McMaster R (2009) Evolution in economic geography: institutions, political economy, and adaptation. Econ Geogr 85(2):129–150. CrossRefGoogle Scholar
  20. Mcloughlin C (2014) Political economy analysis: topic guide, 2nd edn. GSDRC, University of Birmingham, BirminghamGoogle Scholar
  21. Mollinga PP, Meinzen-Dick RS, Merrey DJ (2007) Politics, plurality and problemsheds: a strategic approach for reform of agricultural water resources management. Dev Policy Rev 25(6):699–719. CrossRefGoogle Scholar
  22. Moravcsik A (2002) Reassessing legitimacy in the European Union. J Common Mark Stud 40(4):603–624. CrossRefGoogle Scholar
  23. Mozambique/South Africa/Swaziland (2002) Tripartite interim agreement for co-operation on the protection and sustainable utilisation of the water resources of the Incomati and Maputo watercourses (signed at) Johannesburg 29 August 2002Google Scholar
  24. Muller M (2012) Polycentric governance: water management in South Africa. Proceedings of the Institution of Civil Engineers Management, Procurement and Law 165:1–8. CrossRefGoogle Scholar
  25. Muller M (2013) Water resource management and development in SADC. (PERISA Case Study 1: Public Goods). SAIIA, ECDPM, JohannesburgGoogle Scholar
  26. Muller M (2014) Allocating power and functions in a federal design: the experience of South Africa. In: Garrick DE, Anderson GR, Connell D, Pittock J (eds) Federal rivers: managing water in multi-layered political systems. Edward Elgar PublishingGoogle Scholar
  27. Muller M (2017) Understanding the origins of Cape Town’s water crisis. Civ Eng 2017(v25i5):11–16Google Scholar
  28. Muller M (2018) Lessons from transforming a South African special-purpose vehicle into a project implementation agency. Proceedings of the Institution of Civil Engineers Management, Procurement and Law.
  29. Muller M, Wright A (2016) Unlocking Africa’s transboundary water potential. African Development Bank, AbidjanGoogle Scholar
  30. Muller M, Simpson R, van Ginneken M 2008. Ways to improve water services by making utilities more accountable to their users: a review, water working note no. 15, World Bank, Washington 2008Google Scholar
  31. Muller M, Chikozho C, Hollingworth B (2015) Water and regional integration: the role of water as a driver of regional economic integration in Southern Africa, Final report, Project No. K5/2252, Water Research Commission, PretoriaGoogle Scholar
  32. NEPAD (2013) Hydro – Batoka Gorge Hydropower Project, New Partnership for Africa’s Development (accessed 21st May 2018)
  33. Nsekela AJ (1981) Southern Africa: towards economic liberation. Rex Collings, London, p 1981Google Scholar
  34. OECD (2015) OECD water governance initiative. (accessed 21st May 2018)
  35. Ostrom E (2010) Beyond markets and states: polycentric governance of complex economic systems. Transnational Corporations Review 2(2):1–12. CrossRefGoogle Scholar
  36. Pahl-Wostl C (2009) A conceptual framework for analysing adaptive capacity and multi-level learning processes in resource governance regimes. Glob Environ Chang 19(3):354–365. CrossRefGoogle Scholar
  37. Papadopoulos Y (2007) Problems of democratic accountability in network and multilevel governance. Eur Law J 13(4):469–486. CrossRefGoogle Scholar
  38. Republic of South Africa (1996) The Constitution of the Republic of South Africa, Act 108 of 1996Google Scholar
  39. Rhodes R (2007) Understanding governance: ten years on. Organ Stud 28(8):1243–1264. CrossRefGoogle Scholar
  40. SADC (1992) Treaty of the Southern African development community, (done at Windhoek 17 August 1992), Southern African Development Community, GaboroneGoogle Scholar
  41. SADC (1995) Protocol on Shared Watercourses in the Southern African Development Community (SADC) Region (done at Maseru 16 May 1995), Southern African Development Community, GaboroneGoogle Scholar
  42. SADC (1996a) Protocol on trade, SADC (accessed 21st May 2018) (April 2017)
  43. SADC (1996b) Protocol on energy in the Southern African Development Community (SADC) region (done at Maseru, 24th August 1996)Google Scholar
  44. SADC (2000) Revised protocol on shared watercourses (done at Windhoek on 7 August 2000), Southern African Development Community, GaboroneGoogle Scholar
  45. SADC (2012) Regional infrastructure development master plan, Southern African Development Community, GaboroneGoogle Scholar
  46. SADC (2017) Natural resources—water, (accessed 21st May 2018) April 2017
  47. Shilomboleni (2006) Equitable water allocation: a case between South Africa and Namibia on the lower Orange River, Ministry of Agriculture Water and Forestry, Namibia (accessed 21st May 2018)
  48. Skelcher C (2005) Jurisdictional integrity, polycentrism, and the design of democratic governance. Governance 18(1):89–110. CrossRefGoogle Scholar
  49. Swatuk LA (2008) A political economy of water in southern Africa. Water Altern 1(1):24Google Scholar
  50. TCTA (2011) 25 years corporate brochure, Trans-Caledon Tunnel Authority, Centurion, South AfricaGoogle Scholar
  51. Terry A, Ogg M (2016) Restructuring the Swazi sugar industry: the changing role and political significance of smallholders. J South Afr Stud 43:1–19. CrossRefGoogle Scholar
  52. Van Meerkerk I, Edelenbos J, Klijn EH (2015) Connective management and governance network performance: the mediating role of throughput legitimacy. Findings from survey research on complex water projects in the Netherlands. Environ Plan C Gov Policy 33(4):746–764. CrossRefGoogle Scholar
  53. Vanheukelom J, Byiers B, Bilal S & Woolfrey S (2016) Political economy of regional integration in Africa: what drives and constrains regional organisations? European Centre for Development Policy and Management, Maastricht, NetherlandsGoogle Scholar
  54. Vaz AC, van der Zaag P (2003) Sharing the Incomati waters—cooperation and competition in the balance, UNESCO PC-CP Technical Document in Hydrology No. 14 2002Google Scholar
  55. Woodhouse P, Muller M (2017) Water governance—an historical perspective on current debates. World Dev 92:225–241. CrossRefGoogle Scholar
  56. ZRA (2017) Kariba reservoir levels, Zambezi River Authority (accessed 21st May 2018) (April 2017)

Copyright information

© Springer-Verlag GmbH Germany, part of Springer Nature 2018

Authors and Affiliations

  1. 1.Wits School of GovernanceUniversity of the WitwatersrandJohannesburgSouth Africa

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