i

WATER SERVICE DELIVERY FOR IMPROVED QUALITY OF LIFE IN THE MBIZANA LOCAL

MUNICIPALITY

Z.B. MPANGE

2012

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WATER SERVICE DELIVERY FOR IMPROVED QUALITY OF LIFE IN THE

MBIZANA LOCAL MUNICIPALITY

By Zolisa Bavuyise Mpange

Treatise submitted in partial fulfilment of the requirements for the degree of Magister Artium in Development Studies in the Faculty of

Business and Economic Sciences at the Nelson Mandela Metropolitan University

December 2012

Supervisor: Prof Naas Ferreira

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DECLARATION

I, Zolisa Bavuyise Mpange student number 205049796, hereby declare that the treatise for

Magister Artium in Development Studies is my own work and that it has not previously been

submitted for assessment or completion of any postgraduate qualification to another University or

for another qualification.

Zolisa Bavuyise Mpange

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ACKNOWLEDGEMENTS

First of all, I thank my Lord and Saviour Jesus Christ for giving me the strength and wisdom to

complete this study, without Him in my life I wouldn‟t have obtained this degree.

It is with sincere gratitude that I thank my supervisor Professor Naas Ferreira, for his guidance,

professional advice and support. He made a valuable contribution to the success of this study.

Finally, I would also like to thank my family for providing invaluable support throughout the

study, especially my dad Walley Watson Dalibhongo Mpange and my mom Christina

Ntombifikile Mpange for their unconditional love, understanding, support, encouragement and

for always being there for me and believing in me.

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ABSTRACT

This study deals with water service delivery for improved quality of life in the Mbizana Local

Municipality. The study sets out to determine how the inner workings of water service delivery

work in the Mbizana Local Municipality, situated in the Eastern Cape, and how this should

function in terms of South African legislation. The objectives of the study are to understand the

current state of water service delivery in the Mbizana Local Municipality, finding out information

about South African legislation regarding the ideal state of water service delivery, and

recommending development programmes to improve water service delivery. This study is about

understanding trends in the body of scientific knowledge or literature, and studying (as objects)

the ideas and writings of other scholars. No empirical study was conducted. The research

methodology for this study is descriptive, with data sourced from available literature. The

findings in this study indicate that backlogs for water service delivery remain high in the Mbizana

Local Municipality. Regrettably, the situation has worsened since 2004; backlogs have shifted

from 45% to 94% of households with no access to tap water. A number of normative criteria to

deal with the research problem were extracted from available literature, from which conclusions

were drawn and recommendations made.

Key words: water service delivery, improved quality of life, South African legislation, non-

empirical study, normative criteria and backlogs.

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LIST OF ACRONYMS

ANC African National Congress

CBP Community Base Plan

CMA Catchment Management Agency

COGTA Cooperative Governance and Traditional Affairs

DBSA Development Bank of Southern Africa

DWAF Department of Water Affairs and Forestry

EIA Environmental Impact Assessment

ECSECC Eastern Cape Socio Economic Consultative Council

FBW Free Basic Water

GDP Gross Domestic Product

IDP Integrated Development Plan

IGR Intergovernmental relations

MIG Municipality Infrastructure Grant

NGO Non-Governmental Organisation

PPP Public Private Partnerships

RDP Reconstruction and Development Programme

RoD Record of Decision

TFC Tank farm Contractor

WMA Water Management Area

WSA Water Service Authority

WSDP Water Service Development Plan

WSP Water Services Provider

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TABLE OF CONTENTS

DECLARATION……………………………………………………………………………………… iii

ABSTRACT.................................................................................................................................iv

ACKNOWLEDGEMENTS ...........................................................................................................v

LIST OF ACRONYMS..................................................................................................................vi

CHAPTER 1……………………………………………………………………………………………1

INTRODUCTION AND BACKGROUND TO THE STUDY………………………………………1

1.1 INTRODUCTION…………………………………………………………………….………….………...1

1.2 PROBLEM STATEMENT……….…………………..……..……..……..…….…….………....…..….…2

1.3 KEY QUESTIONS PERTAINING TO THE RESEARCH……….…….………..…………….………3

1.4 RESEARCH AIMS AND OBJECTIVES……..………………………….….…………...…..….…….…4

1.5 SCOPE AND DELIMITATION OF THE STUDY……………..………………………………………4

1.6 RESEARCH DESIGN AND RESEARCH METHODOLOGY……………….…………….…….…..5

1.7 SUMMARY…..……………..……………………………………………………………………..……....5

CHAPTER 2……………………………………………………………………………………………7

WATER GOVERNANCE AND WATER MANGEGENT…………………………………………7

2.1 INTRODUCTION ……………………………………………………………………………….….7

2.2 RELATIONSHIP BETWEEN WATER GOVERNANCE AND HUMAN RIGHT ISSUES….…..8

2.3 THE WATER SECTOR FRAMEWORK IN SOUTH AFRICA………………….……………..….9

2.4 LEGISLATIVE FRAMEWORK FOR THE WATER SECTOR IN SOUTH AFRICA……….......11

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2.5 ACKNOWLEDGING THE RIGHT TO WATER SERVICES…………………………………....17

2.6 INSTITUTIONAL FRAMEWORK FOR THE WATER SECTOR………….…………….……...….20

2.7 WATER SERVICES DELIVERY IN MBIZANA LOCAL MUNICIPALITY………………………...23

2.8 MAJOR CHALLENGES IN WATER SERVICES AND REMENDIAL ACTIONS AT ALFRED

NZO DISTRICT MUNICIPALITY…………………………………………………………….…………26

2.9 DECENTRALISED SERVICE DELIVERY AND INSTITUTIONAL CAPACITY…………...……27

2.10 SUMMARY……………………………………………………………………………………….…29

CHAPTER 3……………………………………………………………….……………………………..30

RESEARCH DESIGN AND RESEARCH METHODOLOGY……………………..………30

3.1 INTRODUCTION………………………………………………………………………………….….30

3.2 SCOPE OF THE STUDY……………………………………………………………………...............30

3.3 NON-EMPIRICAL STUDIES…………………………………………………………………………30

3.4 RESEARCH DESIGN ……………………………………………………...........................................32

3.5 RESEARCH METHODOLOGY................................................................................................. ..........33

3.6 METHOD OF DATA INTERPRETATION……………………………………………………….….34

3.7 PROBLEMS WITH USING DATA FROM SECONDARY SOURCES…………………..................35

3.8 VALIDITY.............................................................................................................................................35

3.9 RELIABILITY…………………………………………………………………………………….…..36

3.10 SUMMARY..........................................................................................................................................37

CHAPTER 4……………………………………………………………………………………………..38

RECOMMENDATIONS AND CONCLUDING REMARKS..............................................................38

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4.1 INTRODUCTION……………………………………………………………………………………38

4.2 OVERVIEW OF THE STUDY……………………………………………………………….….…..39

4.2.1 The State of Water Service Delivery in the Mbizana Local Municipality…………….………....…39

4.2.2 The Ideal State of Water Service Delivery in Terms of South African Legislation………..........…40

4.3 OVERVIEW OF CHAPTERS…………………………………………………………………..……45

4.4 RECOMMENDATIONS………………………….…………………………………………………46

4.5 CONCLUSION……………………………………………………………………………………….47

BIBLIOGRAPHY...………………………………………………………………………………………50

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CHAPTER 1

INTRODUCTION AND BACKGROUND TO THE STUDY

1.1 INTRODUCTION

Over the years, there has been growing concern about service delivery with regard to inadequate

water service delivery among people living in South African rural areas. A large number of

people in South Africa are poverty-stricken and do not have water security (Showalter, 2000: 1-

4). Large numbers of people have voiced their sentiments on the need to improve the water

supply for a better quality of life. According to Natsios and Hilton (2002:1) interventions in water

supply, sanitation and hygiene are the main drivers of public health and contribute significantly to

the controlling of most diseases. The World Health Organisation (2004:1) affirms that once there

is security of access to clean water, and adequate sanitation for all people, all kinds of water -

related diseases will be reduced. Natsios and Hilton (2002:1) emphasise that the “link between

poverty and water supply, for improvement of people‟s lives is not complete until there is

provision of reliable, safe water supply”.

In January 2012, in his State of the Nation Address, President Jacob Zuma acknowledged the fact

that access to water is a challenge in certain areas of South Africa but that Government is

continuing to improve access to basic water supply (South African Government online,

http://www.info.gov.za/speeches/son/index.html, 2012).

The President went on to explain that although water expansion has been delayed in certain parts

of the country owing to a lack of infrastructure, the challenge to expand access to clean water by

all citizens has not gone unnoticed. For example, five new water augmentation schemes are

currently on schedule. These are the Olifants River Water Resource in Steelpoort in Limpopo

Province, the Vaal River Eastern Sub-System in Secunda in Mpumalanga, the Komati Water

Augmentation Scheme in Nkangala in Mpumalanga, the raising of Hazelmere Dam in KwaZulu-

Natal, and the Clan William Dam in the Western Cape. In addition, 9 out of 25 dams have been

rehabilitated (South African Government online,

http://www.info.gov.za/speeches/son/index.html, 2012).

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The South African government has, since 1994, been steadily introducing policies and legislation

on water resource management and water services supply in order to overcome the colonial and

apartheid era legacy of gender and racially-based access to water services. The Water Services

Act No. 108 of 1997 and the National Water Act No. 36 of 1998 together provide the legal

framework for the new water resource management policy. The South African Constitution

guarantees all people the right to access adequate and affordable potable water to meet basic

domestic needs, and “water and sanitation services should be delivered equitably, affordably,

effectively, efficiently, sustainably and gender sensitively to satisfy sector goals” (The

Constitution of the Republic of South Africa Act 108 of 1996; Department of Water Affairs and

Forestry, Strategic Framework for Water Services, 2003: 5).

In practice, both the water resource management policy implementation, and the allocation of

water to the people in rural areas face difficulties. Most rural black communities do not have

sufficient access to safe drinking water. The aim of this research is to understand what is

happening „on the ground‟ in terms of access to water in order to study the obstacles to the

implementation of the policies and the legislation. A more accurate and comprehensive

understanding of all the existing dynamics involved will make it possible to come up with

recommendations for reducing the challenges faced by existing policy and its implementation as

well as adequate water allocation to the people in rural areas.

1.2 PROBLEM STATEMENT

Bwisa (2008:2) labels a certain dysfunctional situation as a research problem. He defines it as a

situation that needs a solution and for which there is a possible solution. The main research

problem for this study is the inadequate water service delivery in the Mbizana Local Municipality

in the Eastern Cape.

Sub-problem 1

Studies have shown that people in the Mbizana Local Municipality do not have access to safe

drinking water. Whilst the government is making progress towards reducing water backlogs in

the country, in rural areas people rely on rainwater, rivers, streams, dams, springs, wetlands,

boreholes and other raw water sources for drinking water and other domestic purposes. Residents

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walk long distances to fetch water. In most cases, the quality of these water resources is

unsatisfactory or has not yet been determined (Jali, 2012: 4).

Sub-problem 2

A matter of concern is the fact that there are areas in the Mbizana Local Municipality where post-

1994 infrastructural deficiencies are characterised by taps that have run dry because of poor

maintenance or operational problems. Residents of the Mbizana Local Municipality are subject to

life without a basic water supply facility, the sustainable operation of a facility and the

communication of good water use, hygiene and related practices. Such an unacceptable state of

affairs dictates that functional water infrastructure and quality services to the population must

become a task to be undertaken with a sense of urgency. The decaying state of the current water

infrastructure in this municipality is proving to be a threat to the gains South Africa has made

since 1994. The dysfunctional infrastructure, if left unattended, will lead to the creation of new

backlogs (Jali, 2012:5).

1.3 KEY QUESTIONS PERTAINING TO THE RESEARCH

Research problems implicitly or explicitly embody research questions. Information is required in

order to answer these questions. The research problem is formulated as a question as a way of

focusing it.

This study is designed to understand the process of water service delivery, how it is implemented

in the Mbizana Local Municipality by the Water Service Authority (WSA) which has executive

authority for water services within its area of jurisdiction in terms of the Water Services Act, the

Municipal Structures Act or the ministerial authorisations and whether it is helping to improve

people‟s lives. The key research questions are as follows:

What is the current state of water service delivery in the Mbizana Local Municipality?

What would be the ideal state of water service delivery in terms of the South African

legislation?

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Is there any problem in terms of implementation of water policies and legislation in the Mbizana

Local Municipality? If so, what recommendations can be made to reduce the gap?

1.4 RESEARCH AIMS AND OBJECTIVES

The research problem is a critical section in research as it indicates what the study is focusing on,

and to what end (research objective). Once one has a good idea of the unit of analysis, the next

step is to decide on the objectives of the study.

The key research aims for this study are explained in the paragraphs that follow.

The study sets out to determine how the inner workings of water service delivery work in the

Mbizana Local Municipality in the Eastern Cape, and what they should be in terms of South

African legislation. The study examines the production of viable means for adequate water

service delivery.

In order to meet the specific aims, the objectives of the study include:

Understanding the current situation, problems, legislative measures and the success

rate/or not of the implementation of the current programmes in the Mbizana Local

Municipality;

Finding out information about South African legislation regarding the ideal state of water

service delivery;

Recommending development programmes to improve water service delivery and to

supplement what has already been done by the WSA.

1.5 SCOPE AND DELIMITATION OF THE STUDY

This study is limited to understanding the current state of affairs of the water services, as well as

the roles and responsibilities of key water sector stakeholders in the Mbizana Local Municipality.

The study aims at providing recommendations to improve water services provided by the Alfred

Nzo District Municipality, which is a WSA and Water Service Provider (WSP) responsible for

ensuring access to water and sanitation services in the Mbizana Local Municipality.

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No empirical survey was conducted, the study being descriptive in nature. Data was sourced from

available literature. The literature review can be summarised and organised according to the

existing data. A critical review of the literature cannot produce new or validated existing

empirical insights.

A comprehensive and well-integrated literature review was essential to this study. It provided a

thorough understanding of the issues and debates, current theoretical thinking and definitions, as

well as examining previous studies and their results in water resource management and water

services supply.

1.6 RESEARCH DESIGN AND RESEARCH METHODOLOGY

The research methodology for the study is descriptive, sourced from available literature such as

books, journals, websites, mass media, legislation and policy documents, theses and dissertations.

Because this study is about understanding trends in the body of scientific knowledge, studying (as

objects) the ideas and writings of other scholars, no empirical study has been conducted. A

number of normative criteria to deal with the research problem were identified from the available

literature, from which conclusions were drawn and recommendations made.

1.7 SUMMARY

Chapter 1 has served as an introductory chapter describing the background and the significance

of the study. A brief historical background on rendering of water services in South Africa was

given. The problem statement which clearly described the inadequate water service delivery in

the Mbizana Local Municipality in the Eastern Cape was outlined; this was followed by the key

research questions pertaining to the research. The research aims and objectives of the study were

given. The scope of the study explained the extent of matters dealt with in the study. Delimitation

of the study explained clearly the precise limits of the study area and content. A non-empirical

study on the research problem was conducted using a descriptive methodology. Data was sourced

from available literature.

The next chapter will explain water governance and water management. An in-depth literature

review will be conducted. Chapter 2 will include the factors surrounding adequate water service

6

delivery and their importance. This chapter will also describe the legislative framework within

which water services are provided in South Africa.

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CHAPTER 2

WATER GOVERNANCE AND WATER MANAGEMENT

2.1 INTRODUCTION

Water governance and management appear to be used interchangeably. Roger and Hall (as cited

in Tropp, 2007: 22) define water governance as the range of political, social, economic and

administrative systems that are in place to develop and manage water resources, and the delivery

of water services, at different levels of society”, whilst water management is the carrying out of

activities in the water sector to meet specific targets or objectives. In that regard, transparency

and accountability are part of good water governance, whilst delivering water, or installing

improved water resources, is part of water management. Furthermore, the same authors claim that

it is important for governance in a sector like water to be perceived as a subset of a country‟s

general governance system of how various actors relate to one another. It could be argued that

water management is a more of a technical or operational term.

Hemson and Sousii (2011:6) suggest that the provision of safe drinking water can have a decisive

effect on the improvement of the lives and health of rural people. Releasing the 2012 Blue Drop

Report1 the Minister of Water and Environmental Affairs, Edna Molewa, declared that water

quality in South Africa is a key priority for the Department of Water Affairs. This implies that

“we take very seriously our mandate as custodian of the nation‟s water resources and we have,

over the years sought to perfect our strategies and planning initiatives to ensure only the best

water is supplied to citizens” said Molewa. In this regard South Africa's drinking water is among

the best in the world, and the country remains one of a few in which water can still be consumed

from a tap (Department of Water Affairs Blue Drop Results Media Statement, 2012:1).

However, the Minister concedes that there is still room for improvement as far as supplying water

to citizens is concerned. There are those municipalities that are a real concern, such as the

1 The Department of Water Affairs initiated the blue drop system as the drinking water quality (DWQ) regulation programme in 2005 with the objective of ensuring the improvement of tap water quality by means of compliance monitoring.

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Koukamma and Ikwezi Local Municipalities, both in the Eastern Cape, where the water is not at

all safe to drink (Department of Water Affairs Blue Drop Results Media Statement, 2012:1).

The main purpose of this chapter is to locate the study of water service delivery in the Mbizana

Local Municipality in the context of what is already known in water governance and water

management. Similarly, this chapter seeks to identify the gap in the existing knowledge, to

indicate where this study fits and to make a case for the necessity of this research. The chapter is

structured in a way that first introduces the problem of inadequate water service delivery and sets

the context. It then narrows the focus down to analyses of past research on water service delivery

and eventually identifies the gap applicable to this study.

2.2 RELATIONSHIP BETWEEN WATER GOVERNANCE AND HUMAN RIGHTS

ISSUES

The Global Issue Paper on Monitoring Implementation of the Right to Water asserts that the

rights-based approach to development has gained significant attention amongst governments,

particularly as the approach has the potential to significantly enhance the quality of programmes

in the water sector (Roaf, Khalfan and Langford, 2005:8). El-Jazairi (2010:5) substantiates this

statement by claiming that the right-to-water approach is contained in numerous international and

regional treaties, as well as in national policies, laws and constitutions; and governments have

frequently expressed their support for this right in political declarations.

El-Jazairi (2010:5) asserts that the human right to water guarantees all people the right to

sufficient quantities of safe, physically accessible and affordable drinking water. El-Jazairi‟s

(2010:5) views of the right to water concurs with the argument of Roaf et al. (2005:8) on the

recognition of the right to water, and related human rights. Roaf et al. (2005:8) argue that

recognition of the right to water provides an ethical and legal framework for mobilising support

for prioritising water, as well as an expanded set of tools for policy-makers. It focuses attention

on the most vulnerable and marginalised communities and their participation in decision making.

The right-to-water approach, then, focuses on communities that find it difficult to assert their

rights. In fact, it provides a framework for governance and accountability, with its emphasis on

legal and administrative structures and the need for monitoring of governments and other actors.

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Water is an indispensable natural resource, vitally necessary to sustain life, essential for

economic development, and a basic requirement for the healthy functioning of all the world‟s

ecosystems. Clean water is necessary for the well-being of humankind and to ensure good health.

However, large numbers of people do not have access to a safe water source. The right to water is

a crucial aspect of the struggle to improve this situation (Khalfan et al., 2007:2).

The South African government has placed the right to sufficient water as a Constitutional Right.

What follows is the overview of the water sector framework, legal framework and institutional

arrangements related to South African water services.

2.3 THE WATER SECTOR FRAMEWORK IN SOUTH AFRICA

Jeenes and Steele (2010:8-9) suggest that the year 1994 proved to be a turning point in the history

of water services in South Africa. Prior to 1994, there was no national government department

that was entrusted with the task of supplying water services. Instead, responsibility for delivery

was divided among the Cape, Transvaal, Natal and the Orange Free State, which were then the

four provinces of South Africa. The ten so-called homelands also had to shoulder the

responsibility of supplying water.

This, according to the same authors amounted to levels of services that were completely different.

Fourteen million people did not enjoy the benefit of having clean and safe water. That was the

backlog the Republic of South Africa had to own. The Eastern Cape alone had a backlog of

about 4.4 million people without access to water.

Access to water in rural areas in South Africa became a development priority in 1994 when the

present South African ruling party, namely the African National Congress (ANC), was voted into

power after the first democratic elections. The ANC was voted into power on the strength of their

socio-economic policy framework called the Reconstruction and Development Programme

(RDP), which was to be implemented by the government of Nelson Mandela. The RDP was not

only a programme that put the interests of the people before anything else; it was also a

development programme that was people driven. One of the priorities of the RDP was the

10

provision of water services to all, recognising water as a human right and setting the basic

minimum at 25 litres per person per day, which is translated into 6 000 litres per household per

month. This target of 25 litres per person per day has been of great importance to water policy

and practice in South Africa since 1994, and, although the RDP has been phased out, RDP

standards are still the benchmark today (African National Congress (ANC), 1994; Smith and

Green 2005: 435).

A few months after the 1994 elections, the Government of National Unity produced the first

policy document on water services, namely the White Paper on Water and Sanitation Policy,

1994, designed by the newly established Department of Water Affairs and Forestry (DWAF),

which was headed by the then Minister, Kader Asmal. The White Paper on Water and Sanitation

Policy, 1994, was developed on the idea that the lack of basic services, such as water supply and

sanitation, was the key symptom of poverty and underdevelopment (White Paper on Water and

Sanitation Policy, 1994)

The White Paper on Water Supply and Sanitation Policy, 1994 gives a clear definition for basic,

adequate water supply. This is 25 litres per person per day. It is stipulated in this policy that a

person should not walk more than 200 metres from a household to fetch water. Furthermore, the

water supply should be available 98% of the time, or supply should not be interrupted for more

than seven days per year (White Paper on Water and Sanitation Policy, 1994:14-15).

In 2003 the Government devolved power for the rendering of water services. The responsibility

for the provision of water is now decentralised to district municipalities (there are exceptions to

this). Each district municipality is allocated grant funds from the National Treasury (the equitable

share allocations). These funds are aimed at ensuring that the municipalities are in a position to

fulfil their obligation of service delivery to all. Despite huge resources being poured into

providing everyone with potable water, according to the 2011 census results announced by the

Statistics South Africa, there are close to 1.3 million households in South Africa that do not have

access to piped water - the majority of which are black households. Detailed information is as

follows: there are 1,234,087 black; 15,723 coloured; 2,672 Indian or Asian and 10,738 white

households that do not have access to piped water. Access to piped water in the dwelling or yard

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has increased significantly since 1996, when only 60.7% of households reported access compared

to 73.4% in 2011. At the same time, the percentage of households with no access to piped water

more than halved from 19.7% in 1996 to 8.8% in 2011. The provinces with the best access to

piped water in the dwelling or yard are Gauteng (89.4%), Free State (89.1%) and Western Cape

(88.4%). Provinces where significant percentages of households do not have access to piped

water are Eastern Cape (22.2%), KwaZulu-Natal (14.1%) and Limpopo (14.0%) (Statistics South

Africa, 2012: 56-57).

2.4 LEGISLATIVE FRAMEWORK FOR THE WATER SECTOR IN SOUTH AFRICA

South Africa Constitution, Act 108 of 1996

The right to have access to water was translated into national legal obligations, reflected in

section 27 (1) (b) of the South African Constitution (Act No. 108 of 1996). Here the Bill of

Rights states that, “everyone has the right to have access to sufficient… water”. The Constitution

represents the foundation of water policy reform that followed after the end of apartheid and was

undertaken during the period which became known as the transition period.

Section 27 (2) of the Constitution (Act 108 of 1996) states that, the state must “take reasonable

legislative and other measures within its available resources, to achieve the progressive

realisation of these rights”. In addition, the state is obliged to respect, protect, promote and fulfil

the rights in the Bill of Rights.

The Constitution, according to Gowlland–Gualtieri (2007: 3) entrusts the national Government

with the management of water resources, while the municipalities are responsible for the

management of water and sanitation services

The right to have access to water found in the Constitution is stipulated in a number of legislative

and policy documents adopted as part of the restructuring of the water framework. The 1997

Water Services Act and the 1998 National Water Act are the chief Acts. However, these are not

12

the only Acts, as there are also other pieces of legislation that help in the defining of the

legislative framework.

National Water Act (No 36 of 1998)

The National Water Act (No 36 of 1998) legislates and provides the framework for the way in

which water resources (surface and ground water) must be protected, used, developed, conserved,

managed and controlled.

It is this Act that makes it possible for the municipality to distribute water to its consumers.

Besides that, this Act also governs how a municipality may return effluent and other waste water

back to the water source (Department of Water Affairs and Forestry, Water and Sanitation

Business, 2005: 8-9).

Besides section 27 of the Constitution, Act 108 of 1996, the National Water Act (No 36 of 1998)

gets its mandate from section 24 of the Bill of Rights in the Constitution, in terms of which

everyone has the right to an environment that is not harmful to their health or well-being. It goes

on to ensure that the environment is protected for the good of the present generation, as well as

those that will follow at a later stage, through reasonable legislative and other measures. This can

be made possible through the prevention of pollution and ecological degradation, promoting

conservation and securing ecologically sustainable development, and using natural resources

while promoting justifiable economic and social development.

The purpose of the National Water Act is to ensure that the nation‟s water resources are

protected, used, developed, conserved, managed and controlled in ways which take the following

into account:

meeting the basic human needs;

promoting equitable access to water;

redressing the results of past racial and gender discrimination;

promoting the efficient, sustainable and beneficial use of water;

facilitating social and economic development;

13

providing for growing demand for water use;

protecting aquatic and associated ecosystems;

reducing and preventing pollution and degradation of water resources;

meeting international obligations;

promoting dam safety;

managing floods and droughts; and

establishing suitable institutions and ensuring that they have appropriate community,

racial and gender representation.

Water Services Act (Act No. 108 of 1997)

The Water Services Act (Act No. 108 of 1997) was adopted as a necessary measure to ensure an

implementation framework for the right of access to basic water supply. What, in the Bill of

Rights, is known as the “sufficient” volume of water was re-worded as “basic” in the Water

Services Act and defined as a minimum standard of water supply services necessary for the

reliable supply of sufficient quantity and quality of water to households to support life and

personal hygiene. The minimum standard for basic water supply services, as provided by the

Water Services Act No 108 of 1997 is:

• “the provision of appropriate education in respect of effective water use; and

• a minimum quantity of potable water of 25 litres per person per day or 6000 litres per

household per month. . .within 200 m of a household” (Water Services Act (No 108 of

1997).

One of the most important elements of the Water Services Act is providing for the institutional

arrangement for water services. Besides that it sets out who is responsible for different activities.

The Water Services Act (No 108 of 1997) gets its mandate from section 27 of the Bill of Rights

in the Constitution. The Water Services Act (No 108 of 1997) entrusts the municipality with the

task of ensuring that there are water supply services. The aim of the Water Services Act is to

come to the assistance of the municipalities while they play their role as WSAs, and to look after

the interests of consumers. Also, it makes the part played by other water services institutions,

such as WSPs and Water Boards, clear.

14

The main objects of the Water Services Act are to provide for:

the right of access to basic water supply and to basic sanitation;

the setting of national standards and norms and standards for tariffs;

the preparation of Water Services Development Plans (WSDPs);

the establishment of a regulatory framework for water services institutions;

the establishment of Water Boards and water services committees;

the monitoring of water supply and sanitation services;

intervention by the Minister or by the relevant province;

financial assistance to water services institutions;

the establishment of a national information system;

the accountability of WSPs; and

the promotion of effective water resource management and conservation.

The following is the key local government legislation that has an impact on water services:

Local Government: Municipal Structures Act (Act 117 of 1998)

This Act is also known as the Structure Act. It deals with the following:

It sets up the basis for establishment of new municipalities in the A, B and C categories

(Metropolitan, Local and District, respectively)

It defines the way municipalities are to be established

It establishes the way councils are to function

It determines the division of powers and functions between municipalities. In this regard,

district municipalities are entrusted with the task of bulk water supply, bulk sewage

purification works and sewage disposal that affect a significant proportion of local

municipalities. Local municipalities are entrusted with the task of shouldering the

remaining functions.

15

According to the Municipal Structures Act, No 117 of 1998, the municipal council should strive

to ensure that everyone has basic and affordable services such as access to clean water. Section

19 (2) of the Municipal Structures Act, 1998, provides for the municipal council to annually

review:

the needs of the community;

its priorities to meet those needs;

its processes for involving the community;

its organizational and delivery mechanisms for meeting the needs of the community;

and

its overall performance in achieving the objectives set out in section 152 of the

Constitution Act 108 of 1996.

Local Government: Municipal Structures Amendment Act (No 33 of 2000)

The Structures Amendment Act entrusts the responsibility for potable water systems, and

domestic sewage and waste water to district municipalities. The WSA function is also included.

This Act also makes it possible for the local municipality to perform the WSA function, though it

does that only when given authority by the Minister of Provincial and Local Government. The

status of municipalities with regard to their authority function, assigned to them before the

passing of the Amendment Act, was maintained until the Minister finalized the allocation of

powers and functions in terms of the Amendment Act. In this regard, the allocation of powers and

functions to district municipalities and local municipalities was finalized in February 2003.

Local Government: Municipal Systems Act (No 32 of 2000)

The centre of interest of this Act is the internal systems and administration of a municipality

which includes:

Public involvement and accountability in policy formulation and decision making

Guidelines for making by-laws

Establishing IDPs

Establishing a performance management system

16

The following are the key aspects of this Act that have an impact on water services:

The Act makes a distinction between WSA and WSP functions, to be in line with the

Water Services Act

The importance of alternative mechanisms for providing services is recognized.

Requirements for entering into partnerships with others are outlined e.g. for a WSA

entering into a contract with a WSP

New institutional entities are introduced which may be applied to service delivery (multi-

jurisdictional service districts, municipal business enterprises, service utilities).

Municipal officials, in their capacity as an administrative arm of the Council, must, according to

the Municipal Systems Act (Act No. 32 of 2000) be responsive to the needs of the local

community and manage the provision of services to the local community in a sustainable and

equitable manner through a municipality‟s IDP. There should be a WSDP, which in terms of the

Water Services Act, 1997 must be aligned to the IDP of a municipality. This IDP must be

followed by a service delivery and budget implementation plan, which is a practical tool for

implementation, as it is budget aligned. This is in terms of section 25 of the Municipal Systems

Act, 2000.

Local Government: Municipal Finance Management Act (Act No 56 of 2003)

This Act aims at making sure that the management of financial affairs of municipalities is sound

and sustainable. It focuses on matters for both municipalities and municipal entities which

include:

Managing revenue and debt

Budgeting

Responsibilities of Mayors and municipal officials

Procurement (supply chain management and Public Private Partnerships (PPPs))

Reporting

Intervention in the instance of financial problems

17

The Municipal Finance Management Act provides the mechanisms for ensuring affordable

service delivery (budgets) and for regulating financial performance. This Act is aimed at

complementing the Municipal Systems Act which regulates credit control and debt collection,

and decisions regarding service delivery mechanisms. In addition, the Act also regulates

partnerships and associated reporting obligations of municipalities (Department of Water Affairs

and Forestry, Water and Sanitation Business, 2005: 5-6).

The Division of Revenue Act (enacted annually)

The Division of Revenue Act, which is established by law annually, gives effect to section

214(1) of the Constitution of the Constitution of the Republic of South Africa, 1996 ( Act No 108

of 1996). For the Constitution to be in a position to provide for equitable division of nationally-

raised revenue among the three spheres of Government, it needs an Act of Parliament

(Department of Water Affairs and Forestry: Water and Sanitation Business, 2005:6)

This Act consists of various schedules which set out:

the respective equitable shares in respect of national, provincial and local spheres of

government;

the respective shares of each province;

other allocations, including conditional grants, unconditional grants and indirect transfers,

as well as the condition they are subject to; and

the Municipality Infrastructure Grant (MIG) which assists the poor to gain access to

infrastructure, and is where all local government infrastructure grant funding is

consolidated.

2.5 ACKNOWLEDGING THE RIGHT TO WATER SERVICES

Free Basic Water (FBW) Policy

The FBW policy is a policy that the Government introduced in 2001 to ensure that all households

have access to a basic supply of water. The primary target of the FBW policy is poor households

18

for whom free basic services represent a significant poverty alleviation measure. (Department of

Water Affairs and Forestry, Free Basic Water Implementation Strategy, 2002:7).

It recommends 6 000 litres of FBW to be provided to an 8-member household per month, or 25

litres per person per day, within 200 metres of the household, at a minimum flow rate of not less

than 10 litres per minute, with an effectiveness such that no consumer is without a supply for

more than a week in a year. An amount of 6 000 litres of FBW is delivered per household per

month via individually metered connections. This corresponds with the Water Services Act

(1997), which indicates the minimum standard for basic water supply service as a minimum

quantity of potable water of 25 litres per person per day or 6 000 litres per household per month,

within 200m of a household (Department of Water Affairs and Forestry, Free Basic Water

Implementation Strategy, 2002:7-8).

Sustainable access to a basic water supply is promoted by the policy for FBW by subsidizing the

on-going operating and maintenance costs of a basic water supply service. Local government

equitable share and cross subsidization shoulder the responsibility to finance FBW. The FBW

policy is based on sections of the Water Services Act (No 108 of 1997) and has already set out

the compulsory national standards (Department of Water Affairs and Forestry, Free Basic Water

Implementation Strategy, 2002:17)

DWAF is responsible for the FBW policy, though it is set and implemented by local

governments. The policy gives local governments a go ahead with regard to deciding how they

will apply the policy specifically and practically through their WSA. (Department of Water

Affairs and Forestry, Strategic Framework for Water Services, 2003: 29). This clause is a

significant inclusion, because it provides leeway for municipalities to decide on the specific mode

of delivery and how much water is to be provided. When it comes to the implementation of the

FBW policy, municipalities have three alternatives, namely to:

provide a free allocation of water just to the poor free of charge (that is targeted);

provide a free allocation of water to everyone free of charge; or

19

provide a free allocation of water to everyone free of charge; but if domestic users

consume more than the free allocation, then they must pay for the free allocation of water

and any additional kilolitres consumed. This is the subsidised cost of the full free

allocation plus additional kilolitres used over and above the free allocation (at the

standard tariff rate).

The Strategic Framework for Water Services (2003)

Every WSA has, according to the Strategic Framework for Water Services, a duty to ensure that

at least a basic supply and sanitation service is provided to every household within its area of

jurisdiction. This universal service obligation is subject to the availability of resources and to the

progressive realisation of rights contemplated in the Constitution. A municipality that has been

appointed to be a WSA has two options, namely to undertake the water services provision or to

contract it out to another body. That body can be another local authority, a Water Board, a private

company or a community based organisation (Department of Water Affairs and Forestry,

Strategic Framework for Water Services, 2003:11-12).

The Strategic Framework for Water Services defines a basic water supply facility as the

infrastructure that can supply 25 litres of potable water per person per day within 200 metres of a

household, and with a minimum of 10 litres per minute in the case of communal water points, or

6 000 litres of potable water supplied per formal connection per month, in the case of a yard or in

a dwelling. The basic water supply service is defined as the provision of a basic water supply

facility, the sustainable operation of which is available for at least 350 days per year and not

interrupted for more than 48 consecutive hours per incident, and the communication of good

water use, hygiene and related practices (Lawyers for Human Rights, Water Supply and

Sanitation in South Africa, 2009:14).

The Strategic Framework for Water Services sets out a number of goals related to the provision

of free basic water and sanitation (Department of Water Affairs and Forestry, Strategic

Framework for Water Services, 2003:14). These include that:

20

all people in South Africa have access to a functioning basic water supply facility by

2008;

all schools have adequate and safe water supply and sanitation services by 2005;

all clinics have adequate and safe water supply and sanitation services by 2007;

investment in water services infrastructure in the sector totals at least 0.75% of the

Gross Domestic Product (GDP); and

the FBW policy is implemented by all WSAs by 2005.

2.6 INSTITUTIONAL FRAMEWORK FOR THE WATER SECTOR

The post 1994 period gave rise to the redefinition of the roles of most of the existing water sector

institutions and the introduction of others. The following are the key institutions, accompanied by

the roles they play as set out in relevant sector legislation.

The Department of Water Affairs and Forestry (DWAF)

DWAF is the national and provincial department responsible for both water resources

management and water services provision. As such, it is considered to be the custodian of the

water resource and the overall leader of the water sector. The core functions of DWAF are policy

formulation, water resource management, infrastructure development, capacity building,

intergovernmental and intra-sectorial coordination, and water regulation (Department of Water

Affairs Strategic Plan, 2011/12-2013/14:12)

Cooperative Governance and Traditional Affairs (COGTA)

COGTA has overall responsibility for the affairs of provinces and local government. As a

national department its function is to develop national policies and legislation with regard to

provinces and local government. COGTA‟s other function is to support Provinces and Local

Government in fulfilling their constitutional and legal obligations. This includes policy,

legislation, capacity building, grant allocation and regulation, as these apply to the integrated

aspects of municipal services provision, including governance, administration, municipal finance

21

and integrated planning. Many of these responsibilities are exerted through provincial

government. The MIG Programme is administered by COGTA and is one of the primary sources

of funding for water services in South Africa (Jeenes and Steele, 2010:18-19)

Water Boards

According to the Department of Water Affairs Strategic Plan (2011/12-2013/14:14-15) Water

Boards get their mandate from section 34(1) of the Water Services Act 1997 (Act No. 108 of

1997). They are classified as national government business enterprises in terms of schedule 3B of

the Public Finance Management Act (Act. 1 of 1999). The Department of Water Affairs Strategic

Plan (2011/12-2013/14:14-15) points out that the Water Boards are separate legal entities that

have their own boards of governance and their own assets, and are required to be self-funding.

The boards are entrusted with the task of primarily providing bulk potable water services to

municipalities, other water service institutions and major customers within designated service

areas. They are therefore key strategic organisations. Water Boards differ considerably in size,

activities, customer mix, revenue base and capacity. Some of the older and more established

water boards are situated in areas that were significant urban development nodes, for example the

Rand Water, Umgeni and Magalies Water. Others, on the other hand, operate in more

demographically diversified areas where there is an urban and rural mix in the customer base.

Besides providing bulk treated water to municipalities, the water boards also provide retail water

and sanitation services on behalf of municipalities whenever there is a need (Department of

Water Affairs Strategic Plan, 2011/12-2013/14:14-15).

Catchment Management Agencies (CMAs)

According to the Department of Water Affairs Strategic Plan (2011/12-2013/14:15-16), the

National Water Act makes provision for different types of water management institutions like the

CMAs. It goes on to point out that Chapter 7 of the National Water Act, 1998 (Act No. 36 of

1998) provides for the progressive establishment of CMAs and states that the purpose of the

CMAs is to delegate water resources management to the regional or catchment level and to

22

involve local communities in decision-making processes. The aim being to meet the basic human

needs of present and future generations, to promote equitable access to water, to redress the

results of past racial and gender discrimination and to facilitate social and economic

development.

The National Water Act, 1998 defines the role played by CMAs as managing water resources in a

Water Management Area (WMA), coordinating the functions of other institutions involved in

water-related matters and involving local communities in water resources management. The

CMAs, which in the Public Finance Management Act, 1999 (Act. 1 of 1999) are listed as

Schedule 3A entities, are service delivery agencies. Inkomati and Breede-Overberg CMAs are

two CMAs that have been established to date. They are operational and they have their own

Governing Boards, a Chief Executive and first-line managers in place. An important and

meaningful progress has, according to the Department of Water Affairs Strategic Plan (2011/12-

2013/14:15-16), been made in the implementation of their initial functions as stipulated in the

National Water Act 1998.

Water Service Authority (WSA)

A WSA is any municipality that has executive authority for water services within its area of

jurisdiction in terms of the Water Services Act, the Municipal Structures Act or the ministerial

authorisations. This implies that the municipality is entrusted with the task of making sure that

there is access to water supply and sanitation services (Department of Water Affairs and Forestry,

Water and Sanitation Business, 2005:10).

A WSA is a municipality and can under no circumstances be any other type of institution. The

WSA can be a Category A (Metropolitan), a Category C (District) municipality, or a Category B

(Local) municipality; this can be the case when authorized by the Minister of Provisional and

Local Government. A WSA can either carry out the functions of a WSP itself or enter into a

contract with another WSP (Department of Water Affairs and Forestry, Water and Sanitation

Business, 2005:10).

23

Section 84(1) of the Municipal Structures Act, 1998 provides for the provision of the following

functions:

Bulk supply of water that affects a significant proportion of municipalities in the district

The receipt, allocation and, if applicable, the distribution of grants made to the district

municipality (Section 84 of the Municipal Structures Act, 1998)

The Water Service Act, 1997 provides that every WSA must:

ensure access to efficient, affordable, economical and sustainable access to water services

for all consumers; and

make by-laws that stipulate conditions for the provision of water services. These include

the following:

o Preparing a WSDP

o Deciding on appropriate mechanism for providing water services, that is, either

performing the function of WSP itself (internal mechanism) or contracting a WSP

(external mechanism)

Water Service Provider (WSP)

The WSP is entrusted with the task of physically providing water supply and sanitation services

to consumers under contract to the WSA. This function can be performed by the municipality

itself or by any other public or private body such as a Water Board, a Non-Governmental

Organisation (NGO), a community-based organisation or a private sector company with whom it

contracts. Anyone desirous of operating as a WSP has to get approval from the WSA, or a

contract or service delivery agreement. (Department of Water Affairs and Forestry, Water and

Sanitation Business, 2005:11)

2.7 WATER SERVICE DELIVERY IN THE MBIZANA LOCAL MUNICIPALITY

According to the Mbizana Local Municipality Integrated Development Plan Review 2010/11

(2010:84), the backlogs for water remain high in Mbizana. This is supported by the ECSECC

24

2009 statistics, DBSA, Municipal Demarcation Board Capacity Assessment and the Empowerdex

Service Delivery Index.

According to the ECSECC household access to water (2009), 91% of households in the Mbizana

Local Municipality are underserved, 6% access water within the RDP standards (within 200m),

2% access water in the yard, and 1% access water in-house.

The Mbizana Local Municipality provides piped water to 2.4% of their population. The level of

deprivation is 78% in water (DBSA, 2010:22).

According to the Municipal Demarcation Board Capacity Assessment (2007), 17.70% of

households in the Mbizana Local Municipality are within the RDP water service levels, and the

RDP Water backlog within the municipality is 82.30%.

According to The Empowerdex Service Delivery Index (Citydex) (2009:11-12), which measures

the performance of local municipalities on actual water service delivery, the Mbizana Local

Municipality is among the worst performing municipalities and is consequently ranked 230 on

the list, out of 231 local municipalities in South Africa.

Unfortunately, since 2004 the water supply backlogs moved from 45% to 91%. It is clear that the

situation has become worse. This unpalatable state of affairs, namely the declining in the water

supply provision, can be associated with poor systems development by the WSP in the Mbizana

Local Municipality (Mbizana Local Municipality, Integrated Development Plan Review 2010/11,

2010: 84).

The Alfred Nzo District Municipality, is, according to The Empowerdex Service Delivery Index

(Citydex) (2009:19-20), the worst performing district municipality in South Africa in terms of

service delivery, based on actual delivery. It is ranked 46 out of 46 district municipalities and

provides service delivery to 26.10% of its population.

25

The Mbizana Local Municipality is served via a series of sources including a Regional Water

Services Scheme, which supplies 25 villages, and includes 80 km bulk water-mains, 130 km of

internal reticulation, 42 village reservoirs and 700 communal stand-pipes. Another eight

reservoirs, stretching an estimated 51 km, serve about 10 villages (Mbizana Local Municipality,

Integrated Development Plan Review 2010/11, 2010:85).

The Mbizana Local Municipality Integrated Development Plan Review 2010/11(2010:85) goes

on to point out that most sources that supply water to the majority of villages do not meet the

national policy guidelines. Consequently, the backlog is said to be high. The municipality

attributes this to fragmented planning, lack of effective intergovernmental collaboration in terms

of development planning, and the lack of proper operations and maintenance of existing facilities.

According to the recent Mbizana Local Municipality Integrated Development Plan 2012-2017,

water service delivery in the Mbizana Local Municipality is under the Alfred Nzo District

Municipality jurisdiction. The estimated backlog for water service delivery is 94% households

which have no access to tap water. Only 6% have access to tap water. According to Statistics

South Africa, 4.5% of households have access to water from the taps, approximately 3.2% of

people obtain water from rainwater using rainwater tanks and 89% of households obtain water

from undeveloped water sources, namely rivers. Approximately 97% of wards in the Mbizana

Local Municipality do not have access to water. The Community Base Plan (CBP) affirms that

11% of villages have access to water from taps; however, approximately 89% of villages do not

have access to tap water. This report is inclined to assume the statistic of 89% as credible, since it

is the most recent. According to the CBP, the provision of water is a service of high priority, as

approximately 89% of villages cited water as priority number one (Mbizana Local Municipality,

Integrated Development Plan Final, 2012-2017:96-97).

Major challenges with regard to water services are:

Prioritization of water projects is done without involving the council of the Municipality.

Transitional processes have affected water services as a result of slow Tank Farm

Contractor (TFC) progress.

26

Local community members do not allow water pipe-lines to run on their fields until after

their demands are met.

Proposed interventions to eradicate the water backlog are:

The executive committee needs to be consulted whenever projects are to be discussed at

the district level.

TFC processes have to be finalised and existing water schemes attended to as a matter of

urgency.

2.8 MAJOR CHALLENGES IN WATER SERVICES AND REMEDIAL ACTIONS

AT ALFRED NZO DISTRICT MUNICIPALITY

The legislative obligation is one of the challenges that is faced by the Alfred Nzo District

Municipality in water provision. The challenge is easily cited when the supporting departments

do not respond on compliance approval promptly. This is especially with respect to water

licences, Records of Decisions (RoD‟s) on Environmental Impact Assessments (EIA‟s), and

Basic Assessments conducted. This sometimes stalls progress of water projects, thereby delaying

the backlog eradication processes. The Alfred Nzo District Municipality is faced by another

challenge of the inability to generate revenue, due to the high dependency on conditional grant

funding as a result of the indigent background of its rural area. This becomes clear when the

Municipality runs short of funds for operations and maintenance, which in turn exacerbates

backlogs (Alfred Nzo District Municipality Final Integrated Development Plan 2011-2012,

2011:25)

Furthermore, the order of allocation of the MIG is one of the major challenges with which the

Alfred Nzo District Municipality is faced. The MIG policy bases the allocations on the total

number of households, regardless of the terrain. Although the total number of households is not

large, the Municipality is situated in a mountainous area, which makes it very difficult to provide

infrastructure effectively (Alfred Nzo District Municipality Final Integrated Development Plan

2011-2012, 2011:25). These challenges need to be addressed in the following manner:

Strengthening relations with the support departments through the Intergovernmental

relations (IGR) process

27

Implementation of the debt collection strategies and the compilation of the indigent

register, so that all consumers who do not qualify get billed to recover costs for operations

and maintenance.

2.9 DECENTRALISED SERVICE DELIVERY AND INSTITUTIONAL CAPACITY

Delivery of water services, as was pointed out earlier in this study, is being implemented in an

environment that is undergoing decentralisation. The responsibility for provision of water is now

decentralised to local government, which is taking on the role of WSA and/or WSP (Jeenes and

Steele, 2010:36-37).

Jeenes and Steele (2010:36-37) go on to say that, over recent years, local government has

undergone a fundamental transformation, with the number of municipalities being rationalised,

areas of jurisdiction defined and powers and functions determined. These highly inexperienced

institutions are now required to shoulder the responsibility of providing water and sanitation

services to millions of people. The institutions are entrusted with the responsibility to manage,

operate and maintain the services in a sustainable manner.

The key focus should be on strengthening the capacities and capabilities of municipalities to fulfil

their functions as WSAs and WSPs, since the institutional capacity in many areas related to the

water services leave much to be desired. Another focus should be on enabling the DWAF and the

DPLG to fulfil their programme management, regulatory, support and coordination functions

with regard to water services provision. Capacity building must be targeted at specific functions

rather than be generic with limited specific usefulness and impact (Jeenes and Steele, 2010:36-

37).

The transfer of assets from the DWAF to WSAs is one of the major issues that are related to

decentralisation in the sector. However, at present, the water services operation, maintenance and

management function is generally inefficiently and poorly performed, and many of the schemes

require rehabilitation before handing over to relevant institutions (Jeenes and Steele, 2010:36-37).

28

The creation of an enabling environment for transfers is one of the components of the

decentralisation of the framework. Components of the enabling environment include human

resource issues such as skills audits, gap analysis training and negotiations with staff transfers

(Jeenes and Steele, 2010:36-37).

There are quite number of requirements that have to be met so as to ensure the long-term

sustainability of the transfer process. Establishment and strengthening of transfer structures and

the building of capacity, both within DWAF and the receiving municipalities, are some of the

requirements. With the realisation that the transfer process is not peripheral, but fundamental to

the operationalisation of decentralisation policies, the DWAF has appointed a National Transfers

Manager at the level of decision making that will speed up the process (Jeenes and Steele,

2010:36-37).

The capacity development plans of municipalities, where they exist, are linked to the IDPs and

WSDPs. Despite the fact that WSDP guideline document makes provision for information on

schemes to be transferred, together with proposed dates of transfer, the resultant WSDP

documents are generally silent on the type and level of capacity and financial support required to

sustain the transferred schemes. This denotes the lack of readiness of the transfer process in a

number of municipalities. The development of capacity building plans are not merely for the

WSDP or the transfer process, but are a legislative obligation as stipulated in section 13 of the

Division of Revenue Act. The DWAF should ensure that the capacity implications of the

impending transfers are well understood and incorporated into municipal capacity building plans,

in providing support to municipalities for the development of capacity building plans related to

the WSDP, (Jeenes and Steele, 2010:36-37).

In conclusion, decentralisation of powers and functions to local governments has had a

considerable impact on the effectiveness and efficiency of water services delivery. Issues related

to decentralisation, such as capacity, skills and experience need to be addressed (Jeenes and

Steele, 2010:36-37).

29

2.10 SUMMARY

Chapter 2 served as a literature review chapter from which normative criteria were extracted. An

in-depth analysis of the water sector, and the key institutional and legislative framework

governing water in South Africa was conducted. It was described that, since 1994, when water

services were directly rendered by the transformed DWAF, South African legislation entails a

range of political, social, economic and administrative systems that are in place to develop and

manage water resources, and the delivery of water services, at different levels of society. This

entails the carrying out of activities in the water sector to meet specific targets or objectives.

Chapter 2 revealed that the Government in South Africa has placed the right to sufficient water as

a Constitutional Right. It is also governed by other legislative policies. The unpalatable state of

affairs which the Mbizana Local Municipality is subjected to, namely inadequate water service

delivery, was elaborated upon. Challenges faced by the Alfred Nzo District Municipality in water

services and remedial actions were provided. Lastly, the decentralizing of service delivery and

institutional capacity was described.

The next chapter explains the research design and research methodology, especially with respect

to non-empirical studies. Among other things, the following chapter includes identification of

normative criteria in the literature to deal with the research problem and the method for

interpretation of the findings.

30

CHAPTER 3

RESEARCH DESIGN AND RESEARCH METHODOLOGY

3.1 INTRODUCTION

Fundamental to every scientific research is a method describing how the research is to be

undertaken with adequate consideration of the research problem and objectives.

The preceding chapter dealt with the explanation of the conceptual and legislative framework for

water service delivery for improved quality of life.

The purpose of this chapter is to describe and explain the various factors pertaining to the actual

exercise of the non-empirical research. Firstly, the chapter deals with the scope of the study.

Secondly, provides a description of a non-empirical research study. Thirdly, explains the research

design and methodology. Fourthly, describes the method of data interpretation and lastly,

explains the concept of validity and reliability.

In Chapter 1, the key questions pertaining to the research were asked, these abovementioned

questions form an integral part of the research methodology.

3.2 SCOPE OF THE STUDY

The scope of the study explains the extent of matters dealt with in the study. Since the scope of

the study explains clearly the precise limits of the study area and content, this study set out to

determine how the inner workings of water service delivery work in the Mbizana Local

Municipality in the Eastern Cape and what it should be in terms of South African legislation.

The study examined the production of viable means for adequate water service delivery. The unit

of analysis for this study is limited to understanding trends in the body of scientific knowledge,

studying (as objects) the ideas and writing of other scholars as no empirical survey was

conducted.

3.3 NON-EMPIRICAL STUDIES

According to Mouton (2001:175-179), non-empirical studies include a variety of different

research designs that describe a research methodology. In the case of non-empirical designs the

31

data type and degree of control dimensions become irrelevant. This implies that the following

categories; namely, data collection, sampling and analysis are inappropriate when discussing non-

empirical studies.

Non-empirical studies, according to Mouton (2001:175 - 179), are defined as:

“…The analysis of the meaning of words or concepts through clarification and

elaboration of the different dimensions of meaning. Studies aimed at providing an

overview of scholarship in a certain discipline through an analysis of trends and debates.

Studies aimed at developing new models and theories to explain particular phenomena.

Studies aimed at analysing arguments in favour of or against a particular position

sometimes of a normative or value-laden kind. Studies that develop substantive points of

view about the meaning of life (metaphysics), morally acceptable behaviour (ethics) and

coherent and consistent forms of reasoning (logic)...”(Mouton, 2001:175 - 179).

In this regard non-empirical studies answer questions regarding philosophical/normative

questions, theoretical questions, conceptual questions and meta-analytic questions. Researchers

accomplish non-empirical studies through the use of secondary data sources.

Theoretical and conceptual studies, according to Mouton (2001:175-179), are aimed at

developing new models and theories or refining existing theories and models. In terms of

philosophical analysis, Mouton states that there are various modes of philosophical analysis. The

more prominent types are normative analysis, ideology critique, deconstruction and

phenomenological analysis.

According to Mouton (2001:175-179), non-empirical studies have strengths and limitations.

Conceptual analysis gives rise to conceptual clarity. Well-structured conceptual analysis makes

conceptual categories clear, explicates theoretical linkages and reveals the conceptual

implications of different viewpoints. On the other hand, poor conceptual analysis leads to

conceptual confusion, theoretical ambiguities and fallacious reasoning.

Mouton (2001:175-179) argues that science cannot make progress if there are no theories and

models. It is through theories and models that an effort is made to explain phenomena in the

world (John, 1980:15-36). Good theories and models provide causal accounts of the world, allow

one to make predictive claims under certain conditions, bring conceptual coherence to domain of

science, and simplify an understanding of the world. However, theories are ineffective if they

32

make implausible claims on reality, if they make claims that are not testable and vague, or that

are conceptually incoherent, inconsistent and confusing.

The strong points of philosophical analysis vary and follow from the very diverse aims of

philosophising; namely, conceptual clarification, critique of ideology, developing different

metaphysical positions, and phenomenological analysis. Philosophical analysis is an

indispensable tool for making sense of the world, at both formal and substantive level, therefore

in terms of limitations philosophical analysis sometimes tends to become very abstract and far

removed from the concerns of everyday life. Some philosophical traditions have developed very

esoteric conceptualisations and idiosyncratic forms of reasoning, which make them rather

inaccessible to outsiders (Mouton, 2001:175-179; Best and Kellner, 1991:50-75)

.3.4 RESEARCH DESIGN

A research design is a plan that indicates how the researcher intends to investigate the research

problem. According Babbie and Mouton (2001:74), a research design is a plan or a blueprint of

how one intends conducting the research.

Its function is to ensure that evidence is obtained which will be instrumental in answering the

research question as unambiguously and accurately as possible (De Vaus, 2001: 51). The research

design addresses the type of study undertaken in order to provide acceptable answers to the

research problem or questions (Mouton, 2001:49).

Mouton (2001:55-57) suggests that once there is a good idea of the research problem the next

step is to select an appropriate research design. The research design should be selected based on

the kind of study conducted, a study that best answer the question formulated and based on the

kind of results aimed at. In that case the point of departure for the research design is the research

problem.

What follows below is an explanation of the research design used in this study. For the purpose

of this study, a literature review research design was employed. A literature review provides an

overview of scholarship through an analysis of trends and debates. In that regard, this study is

non-empirical with data sourced from available literature.

33

In the case of literature review, data type becomes irrelevant. Also the following categories, data

collection, sampling and analysis are not appropriate when conducting these types of study

(Mouton, 2001:146). A literature review answers descriptive questions; theoretical and

conceptual questions.

A mode of reasoning for a literature review is inductive reasoning. Mouton (2011:176) asserts

that “a review of literature is essentially an exercise in inductive reasoning, where you work from

a sample of texts that you read in order to come to a proper understanding of specific domain of

scholarship”.

The selection of cases or sources (documents, texts, and websites) is driven by the theoretical

considerations, such as, the aim of the study, the research questions, as well as pragmatic

considerations (Mouton, 2001:180).

One of the strong points of a literature review is that a comprehensive and well-integrated

literature review is essential to any study. It provides a good understanding of the issues and

debates in the area of study, current theoretical thinking and definitions, as well as previous

studies and their results. However, a literature review can, at best, only summarise and organise

the existing scholarship. Even a critical review of the literature cannot produce new, or validate

existing, empirical insights (Mouton, 2001:179-180; Bausell et al., 1995: 238-251).

The main sources of error for literature review study is the selectivity in the sources; unfair

treatment of authors; misunderstanding the source; selective interpretation to suit one‟s own

viewpoint; poor organisation and integration of review (Mouton, 2001:179-180; Bausell et al.,

1995: 238-251).

3.5 RESEARCH METHODOLOGY

Research methodology focuses on research process and the kinds of tools and procedures to be

used. The research process is influenced by how a research is conducted. The point of departure

for the research methodology is the research design. The research methodology focuses on the

individual (not linear) steps in the research process and the most objective procedures to be

employed (Mouton, 2001: 56). The research process then, consists of systematic, methodological

and accurate execution of the research design.

34

The research methodology for this study is descriptive, sourced from available literature such as

books, journals, websites, mass media, documents and earlier research. Due to the fact that, this

study is about understanding trends in the body of scientific knowledge, studying (as objects) the

ideas and writings of other scholars, no empirical study was conducted. A number of normative

criteria to deal with the research problem were identified from the available literature, from

which conclusions were drawn and recommendations made.

Books, according to Martin (1985: 33) form a central part of any bibliography. They have both

advantages and disadvantages. The fact that the material published in books is usually not only

important but also of good quality coupled with the fact that findings are integrated with other

research to form a coherent body of knowledge is the main advantage. The main disadvantage,

according to Kumar (1999: 29) is that the material is not completely up to date.

Journals, on the other hand provide the most up to date information even though there is in most

cases a gap of between two and three years between the completion of a research project and its

publication in a journal (Kumar, 1999:29).

Documents such as government or semi-government publications, there are number of

government and semi-government organisations in South Africa, collect data on a regular basis in

a variety of areas and publish it for use by members of the public and interest group (Kumar,

1999: 124). Examples of some of the documents used in this study include; Department of Water

Affairs reports and strategic plans, legislation and policy documents.

Earlier research, studies that have already been done by other scholars such as theses and

dissertations, provided required information for this study. Mass media and reports published in

newspapers were another good source of data.

3.6 METHOD OF DATA INTERPRETATION

Normative criteria that address the research problem were identified. Such normative criteria

were identified from the national legislation and policy governing water protection, provision,

accessibility, availability, appropriateness and acceptability. All the normative criteria have to be

met for the full realization of the human rights to water.

35

The normative criteria were used to deal with the research problem from which recommendations

of good practices related to human rights and water were made.

The term practice includes both policy and implementation. Good practice can thus cover diverse

practices; for example, legislation (international, regional, national and sub-national), policies,

objectives, strategies, institutional frameworks, projects, programmes, campaigns, planning and

coordination procedures, forms of cooperation, subsidies, financing mechanisms, tariff structures,

regulation, operators contracts, and many more. Any activity that enhances people‟s enjoyment of

human rights in the field of water or understanding of the rights and obligations (without

compromising the basic human rights principles) can be considered a good practice.

3.7 PROBLEMS WITH USING DATA FROM SECONDARY SOURCES

Kumar (1999: 125) stresses that when use is made of data from secondary sources there may be

certain problems with the availability, format and quality of data. The extent of these problems

varies from source to source. According to Kumar when using such data the following issues

should be kept in mind:

Validity and reliability: the validity of information from various sources may differ. For example,

information obtained from a census is likely to be more valid and reliable than the obtained from

most personal diaries.

Personal bias: use of information from personal diaries, newspapers and magazines may have the

problem of personal bias as these writers are likely to exhibit less rigorousness and objectivity

than one would expect in research reports.

Availability of data: it is important to make sure that the required data is available before

proceeding further with a study, rather than assuming that the required data will be available.

3.8 VALIDITY

Validity is the ability of an instrument to measure what it is intended to measure (Kumar,

1999:137). To cite Smith (1991:106), “Validity is defined as the degree to which the researcher

has measured what he has set out to measure.” Babbie writes, “…validity refers to the extent to

36

which an empirical measure adequately reflects the real meaning of the concept under

consideration” (1990:133).

Creswell and Plano Clark (2007: 71) indicate that determining validity is a vital step in the

research process. Furthermore, validity involves the answering of the following questions:

Who decides that an instrument is measuring what is supposed to measure?

How can it be established that an instrument is measuring what it is supposed to measure?

The answer to the first question is the person who has designed the study and experts in the field.

For the purpose of this study it is the researcher and the supervisor.

According to Kumar (1999: 138), the answer to the second question is primarily based upon the

logical link between the research questions and the objectives of the study, namely, face and

content validity. This study employed face and content validity. One of the main advantages of

this type of validity is that it is easy to apply. It is easy to apply in the sense that it is easy to see a

link. Establishing a logical link between research questions and objectives is easier when the

research questions relate to tangible matters. Each research question must have a logical link with

an objective. Establishment of this link is called face validity. It is important that the questions

cover the full range of the issue being measured. Assessment of the items of an instrument in this

regard is called content validity. Furthermore, the coverage of the issue should be balanced, that

is, each aspect should have similar and adequate representation in the research questions. Content

validity is also judged on the basis of the extent to which statements or questions represent the

issue they are supposed to measure, as judged by the researcher and experts in the field (Kumar,

1999: 138-139).

3.9 RELIABILITY

If a research tool is consistent and stable, and hence, predictable and accurate, it is said to be

reliable. The greater the degree of consistency and stability in an instrument, the greater is its

reliability. In this regard, “a scale or test is reliable to the extent that repeat measurements made

by it under constant condition will give the same result.” (Moser and Kalton, 1989:353)

37

For the purpose of this study a number of normative criteria to deal with the research problem

were extracted from the available literature from which conclusions were drawn and

recommendations made. The researcher used multiple triangulation to test for reliability of data,

whereby the researcher combined in one investigation multiple theoretical perspectives and

sources of data.

3.10 SUMMARY

The chapter began by describing the scope of the study. It then provides a description of a non-

empirical research study. It further explains the research design and methodology of the study.

The chapter ends with an elaboration of the method of data interpretation and explanation of the

validity and reliability concepts.

The next chapter describes findings of the study from which conclusions were drawn and

recommendations made.

38

CHAPTER 4

RECOMMENDATIONS AND CONCLUDING REMARKS

4.1 INTRODUCTION

This chapter presents the conclusions based on the literature review in line with the aims of the

study. A summary of the findings is provided regarding the water service delivery for improved

quality of life in the Mbizana Local Municipality. This chapter also provides an overview of

chapters and proposes recommendations based on the findings.

The significance of the study was outlined in Chapter 1, as well as the key research questions.

Key research questions pertaining to the study are:

What is the current state of water service delivery in the Mbizana Local Municipality?

What would be the ideal state of water service delivery in terms of the South African

legislation?

Is there any problem in terms of implementation of water policies and legislation in the

Mbizana Local Municipality? If there is, what recommendations can be made to reduce

the gap?

The key research aims for this study are explained in the paragraphs that follow.

The study set out to determine how the inner workings of water service delivery works in the

Mbizana Local Municipality in the Eastern Cape and what it should be terms of South African

legislation. The study examined the production of viable means for adequate water service

delivery.

In order to meet the specific aims, the objectives of the study included:

Understanding the current situation, problems, legislative measures and the success

rate/or not of the implementation of the current programmes in the Mbizana Local

Municipality.

39

Finding out information from the legislation of South Africa about the ideal state of water

service delivery.

Recommending development programmes to improve water delivery service and to

supplement what has already been done by the WSA.

The main research problem for this study is the inadequate water service delivery in the Mbizana

Local Municipality in the Eastern Cape. In order to provide acceptable answers to the research

problem or questions the research methodology for this study is descriptive, sourced from

available literature such as books, journals, websites, mass media, documents and earlier

research. A literature review research design is employed as this study is about understanding

trends in the body of scientific knowledge, studying (as objects) the ideas and writings of other

scholars. No empirical study was conducted.

The previous chapters have provided the information necessary to fulfil the objectives of the

study as well as to provide answers to the above research questions.

4.2 OVERVIEW OF THE STUDY

The study determined how the inner workings of water service delivery works in the Mbizana

Local Municipality which is in the Eastern Cape and what it should be in terms of the South

African legislation

4.2.1 The State of Water Service Delivery in the Mbizana Local Municipality

The findings in this study indicate that backlogs for water remain high in the Mbizana Local

Municipality. Regrettably, the situation has worsened since 2004 and backlogs for water supply

increased from 45% in 2004 to 94% in 2012. Although great strides have been made since 1994

in bringing water supply to millions of disadvantaged poor people, enormous backlogs still

remain.

In 2007, 17.70% of households were within the RDP water standards, and the municipality water

backlog was 82.30%. In 2009, the Mbizana Local Municipality was declared the worst

performing local municipality in terms of actual water service delivery in South Africa.

40

Following this declaration, the backlogs for water service delivery increased. In 2009, 91% of

households did not have access to piped water, 6% accessed water within the RDP water service

levels, and 3% accessed water in the dwelling or yard. The findings show that in 2010, only 2.4%

of the population was provided with piped water. The level of households‟ water deprivation was

78%. An estimated 2012 backlog for water service delivery is 94% of households underserved,

with only 6% of households accessing piped water. Findings also show that 4.5% of households

have access to water from taps, 3.2% of households obtain water from rainwater harvesting using

rain tanks and 89% of households, which amounts to 30 wards out of 31 wards, in the Mbizana

Local Municipality obtain water from undeveloped natural water sources such as rivers. It can be

deduced from the findings that 89% of villages have no access to tap water whereas

approximately 11% of villages have access to water from taps. The limited amount of people that

have access to piped water are served via a series of sources including a Regional Water Services

Scheme which supplies 25 villages which includes 80 km bulk water mains, 130 km of internal

reticulation, 42 village reservoirs and 700 communal stand pipes. Another 8 reservoirs stretching

some estimated 51km serve about 10 villages.

It is clear that water service delivery in the Mbizana Local Municipality has worsened over the

past eight years. The unpalatable state of affairs in the Mbizana Local Municipality is can be

attributable to poorly developed systems by the WSP. The WSP in the Mbizana Local

Municipality is the Alfred Nzo District Municipality, which in 2009 was declared as the worst

performing district municipality in South Africa in terms of actual service delivery.

Large numbers of villages are supported by undeveloped water sources that do not meet national

standards; consequently water service delivery backlogs are very high. The municipality

attributes this to fragmented planning, lack of effective intergovernmental collaboration in terms

of development planning, and lack of proper operations and maintenance of existing facilities

.

4.2.2 The Ideal State of Water Service Delivery in Terms of South African Legislation

Since 1994, when water services were directly rendered by the transformed DWAF, South

African legislation entails a range of political, social, economic and administrative systems that

are in place to develop and manage water resources, and the delivery of water services, at

41

different levels of society. The legislation also entails the carrying out of activities in the water

sector to meet specific targets or objectives.

In 1994, the ANC government adopted the RDP which was a people centred and people driven

development programme. One of the motives behind the adoption of the RDP was the provision

of water services to all; recognising water as a human right, and setting the basic minimum at 25

litres per person per day which translates to 6000 litres per household per month. The RDP

standards still exist today.

The White Paper on Water and Sanitation Policy 1994, was the first policy document produced

by government. The White Paper on Water and Sanitation Policy was developed on the premise

that the lack of basic services such as water supply and sanitation is a key symptom of poverty

and underdevelopment. The 1994 White Paper on Water Supply and Sanitation Policy provides

definitions for basic, adequate water supply. The quantity of such a supply is defined as 25 litres

per person per day. A person should also not have to carry water more than 200 metres from a

household. In addition, the water supply should be available 98% of the time, or the supply

should not be interrupted for more than one week per year and should be in accordance with

currently accepted minimum standards with respect to health related chemical and microbial

contaminants. It should be acceptable to consumers in terms of its taste, odour and appearance.

The right to access water was translated into national legal obligations, which is reflected in the

South African Constitution Act 108 of 1996. The South African Constitution Act 108 of 1996,

listed access to water in the Bill of Rights and the Water Services Act 108 of 1997 provided the

legal basis to implement this right.

Section 27 (1) (b) of the Constitution provides that “everyone has the right to have access to

sufficient... water”. This obligation is extended in section 27 (2), according to which the state

must take reasonable legislative and other measures, within its available resources, to achieve the

progressive realisation of these rights. The South African constitution guarantees all people the

right to access adequate and affordable potable water to meet basic domestic needs; and “water

and sanitation services should be delivered equitably, affordably, effectively, efficiently, sustain-

ably and gender sensitively to satisfy sector goals”.

42

The Water Services Act 1997 was adopted as a necessary measure to ensure an implementation

framework to provide for the rights of access to basic water supply and basic sanitation. The

sufficient volume of water referred to in the Bill of Rights was reworded as basic and defined as

the prescribed minimum standard of water supply services necessary for the reliable supply of a

sufficient quantity and quality of water to households to support life and personal hygiene. The

minimum standard for basic water supply services, as provided by the Water Services Act No

108 of 1997 is:

the provision of appropriate education in respect of effective water use; and

a minimum quantity of potable water of 25 litres per person per day or 6000 litres per

household per month. . .within 200 m of a household.

Section 11(1) of the Water Services Act No 108 of 1997 states that: every WSA has a duty to all

consumers or potential consumers in its area of jurisdiction to progressively ensure efficient,

affordable, economical and sustainable access to water services.

The Municipal Structures Act 117 of 1998, states that the municipal council should strive to

ensure that everyone should have basic and affordable services such as access to clean water.

According to the Municipal Systems Act No 32 of 2000, municipal officials as an administrative

arm of the council must be responsive to the needs of the local community and manage the

provision of services to the local community in a sustainable and equitable manner through a

municipality‟s IDP. There should be a WSDP which is in terms of the Water Services Act, 1997

and which must be aligned to the IDP of a municipality. This IDP must be followed by a Service

Delivery and Budget Implementation Plan which is a practical tool for implementation as it is

budget aligned. This is in terms of Section 25 of the Municipal Systems Act, 2000.

The Free Basic Water policy, is a policy that the government introduced in 2001 to ensure that all

households have access to a basic supply of water. It is recommended that 6 000 litres of free

basic water be provided free in an 8-member household per month or 25 litres per person per day

43

within 200 metres of a household. The policy is aimed at the poor households. The FBW policy

states that the provision of the basic amount consumed by poor households per month is free of

charge; however, the policy allows local governments through their WSAs to decide how they

will apply the policy specifically and practically. This clause is a significant inclusion because it

provides leeway for municipalities to decide on the specific mode of delivery and how much

water is to be provided. Municipalities have three options when deciding how to implement the

FBW policy:

Provide a free allocation of water just to the poor free of charge (i.e. targeted);

Provide a free allocation of water to everyone free of charge; or

Provide a free allocation of water to everyone free of charge but if domestic users

consume more than the free allocation than they must pay for the free allocation of water

and any additional kilolitres consumed, that is, the subsidised cost of the full free

allocation plus additional kilolitres used over the free allocation (at the standard tariff

rate)

The 2003 Strategic Framework for Water Services confirms the following definitions in terms of

ideal water service delivery:

Basic water service - A basic water supply service and/or a basic sanitation service.

Basic water supply facility - The infrastructure necessary to supply 25 litres of potable

water per person per day supplied within 200 metres of a household and with a minimum

flow of 10 litres per minute (in the case of communal water points) or 6 000 litres of

potable water supplied per formal connection per month (in the case of yard or house

connections).

Basic water supply service - The provision of a basic water supply facility, the

sustainable operation of the facility that is available for at least 350 days per year and not

interrupted for more than 48 consecutive hours per incident, and the communication of

good water use, hygiene and related practices.

44

The Strategic Framework for Water Services (2003) also gives further detail of the

responsibilities and mandates of the various role players as was noted in the Water Services Act

of 1997. It states that every WSA has a duty to ensure that at least a basic water supply and

sanitation service is provided to every household within its area of jurisdiction. This universal

service obligation is subject to the availability of resources and to the progressive realisation of

rights contemplated in the Constitution. A municipality that has been appointed as a WSA may

undertake the water services provision function itself, or may contract it out to another body such

as another local authority, a Water Board, a private company or a community-based organisation.

According to Municipal Structures Act (No 117 of 1998) and Water Services Act (No 108 of

1997) the primary responsibility for ensuring the provision of water services rests with the WSA.

Specifically, this includes:

Ensuring access: They must ensure the realisation of the right of access to water services,

particularly basic water services (subject to available resources) by seeing that appropriate

investments in water services infrastructure are made.

Planning: They must prepare water services development plans to ensure effective,

efficient, affordable, economical and sustainable access to water services that promote

sustainable livelihoods and economic development.

Regulation: They must regulate water services provision and WSPs within their areas of

jurisdiction and within the policy and regulatory frameworks set by DWAF through the

enactment of by-laws and the regulation of contracts.

Provision: They must ensure the provision of effective, efficient and sustainable water

services (including water conservation and demand management), either by providing

water services themselves or by selecting, procuring and contracting with external WSPs.

The provision of water services also includes communication activities related to,

amongst other things, gender-sensitive hygiene promotion and the wise use of water.

45

4.3 OVERVIEW OF CHAPTERS

Chapter 1

Chapter 1 served as an introductory chapter and described the background of the study, problem

statement, and key questions pertaining to the study, research aims and objectives, scope and

delimitation of the study and research design and methodology.

Chapter 2

In Chapter 2 the following matters were described: Various definitions of water governance and

water management. The human right to water approach. The water sector framework and

legislation governing the water sector in South Africa since 1994. Institutional framework for

delivering of water or installing improved water resources. The water services state of affairs in

theh Mbizana Local Municipality. The challenges faced by the Alfred Nzo District Municipality

in water services and remedial actions. Decentralizing of service delivery and institutional

capacity was the last to be described.

Chapter 3

This chapter described and explained the various factors pertaining to the actual exercise of non-

empirical research. The precise limits of the study area and content were clearly stated. The

research design and methodology followed and used to interpret the data was described. An

account was given on the use of the research approach and the choice of the techniques was

justified. The challenges of using secondary sources in a study were explained and the issues of

validity and reliability of data were elaborated upon.

Chapter 4

This final chapter of the study contains an overview of the study, proposes a number of

recommendations to address the key questions originally posed in the research and concluding

remarks. Recommendations are proposed based on the findings of the study.

46

4.4 RECOMMENDATIONS

In the light of the findings derived from the study, the researcher makes the following

recommendations:

The Alfred Nzo District Municipality must not complete the WSDP merely because it is a

legislative requirement or compliance to the requirement of the MIG funding that

emphasizes its availability before such funding is transferred to a municipality, but for its

value as water services planning tool.

There must be sufficient funding, including equitable share, as it was proven that WSDP

that is linked to the IDP is insufficient if a service delivery and budget implementation

plan does not exist. Operation and maintenance problems emanate from inadequate

linkages to budget and budgeting.

All three spheres of government need to inject meaningful funding for the infrastructure

capital projects in order to address the water supply backlogs in the Mbizana Local

Municipality and to replace infrastructure that has reached the end of its design period.

There should be a proper operation and maintenance of existing facilities.

Executive committee from the Mbizana Local Municipality need to be consulted

whenever projects are to be discussed at the Alfred Nzo District Municipality.

The Alfred Nzo District Municipality needs to finalize Tank Farm Contractor (TFC)

processes and attend to existing water schemes as a matter of urgency.

The Alfred Nzo District Municipality needs to strengthen relations with support

departments through the intergovernmental relations (IGR) process.

47

There should be implementation of the debt collection strategies and the compilation of

the indigent register so that all consumers that do not qualify get billed to recover costs

for operations and maintenance.

The MIG policy needs to be amended to base the allocations on both the terrain and total

number of households.

There is an urgent need to strengthen the capacity and capabilities of the Alfred Nzo

District Municipality to fulfil its function as WSA and WSP.

4.5 CONCLUSION

In this study it was found that indeed the problem; namely, the inadequate water service delivery

in the Mbizana Local Municipality in the Eastern Cape is real and yet remains unresolved. It was

found that after the devolution of power to municipalities in 2003, the Alfred Nzo District

Municipality rendered water services on its own to the Mbizana Local Municipality which is

under its jurisdiction. The Alfred Nzo District Municipality which was part of the Transkei

homeland was never a district municipality before and as a result was never a WSA or a WSP. In

other words the district municipality never before rendered water services. It was therefore a bold

stance for this district municipality to opt to explore the internal mechanism which is in terms of

section 78 of the Municipal Systems Act, 2000, which means to provide water and sanitation

services on its own for all its local municipalities which are primarily rural villages, that are

sparsely populated and densely populated around the urban areas. The water service delivery is

inadequate in the Mbizana Local Municipality because the Alfred Nzo District Municipality as

WSA lacks experience in the provision of water services and does not have adequate financial

and human capital. As a result of the above situation the backlogs for water remain high in the

Mbizana Local Municipality and water services have not been extended to the people.

Since the devolution of power to municipalities in 2003, there is no indication of continuous

improvement in water service delivery to households in the Mbizana Local Municipality, as

would be expected if you are to progressively realise a right. For example, if a household is

provided with a standpipe that is within 200 metres from the household, one would expect that

48

service delivery would be improved so that the household will eventually have a standpipe on

their stand and eventually a tap within the house. Unfortunately, the situation for water supply

has worsened since 2004. The state has a constitutional obligation to meet both the needs of

people that have no access to water and sanitation, while continually improving the level of

service to other households.

The inadequate water service delivery in the Mbizana Local Municipality is in direct

contravention to the right to access water as stated in Section 27 (1) (b) of the Constitution, which

provides that “everyone has the right to have access to sufficient… water”. This obligation is

extended in section 27 (2), according to which the state must take reasonable legislative and other

measures, within its available resources, to achieve the progressive realisation of these rights.

Contrary to what the South African constitution guarantees, namely that all people have the right

to access adequate and affordable potable water to meet basic domestic needs; water and

sanitation services should be delivered equitably, affordably, effectively, efficiently, sustainably

and gender sensitively to satisfy sector goals, it is unfortunately not the case in the Mbizana Local

Municipality.

The water service levels in the Mbizana Local Municipality do not comply with the RDP

standards or the 1994 White Paper on Water Supply and Sanitation Policy definitions for basic,

adequate water supply.

The minimum standard for basic water supply services, necessary for the reliable supply of a

sufficient quantity and quality of water to households to support life and personal hygiene as

provided by the Water Services Act No 108 of 1997 is not met in the Mbizana Local

Municipality. The inadequate water service delivery in the Mbizana Local Municipality is in

direct contravention to Section 11(1) of the Water Services Act No 108 of 1997 that states that,

every water services authority has a duty to all consumers or potential consumers in its area of

jurisdiction to progressively ensure efficient, affordable, economical and sustainable access to

water services. Households are also not benefitting from the free basic water policy which is

meant to provide for the rights of access to basic water supply.

49

Contrary to what the Municipal Structures Act 117 of 1998 states, namely that the municipal

council should strive to ensure that everyone has basic and affordable services such as access to

clean water, it is regrettably not happening in the Mbizana Local Municipality.

According to the Municipal Systems Act No 32 of 2000, municipal officials as an administrative

arm of the council must be responsive to the needs of the local community and manage the

provision of services to the local community in a sustainable and equitable manner through a

municipality‟s integrated development plan. There should be a water services development plan

which is in terms of the Water Services Act, 1997 and which must be aligned to the IDP of a

municipality. Only a WSA can develop a WSDP. This IDP must be followed by a Service

Delivery and Budget Implementation Plan which is a practical tool for implementation as it is

budget aligned. This is in terms of Section 25 of the Municipal Systems Act, 2000. It can be

deduced that WSAs are completing the WSDP merely because it is a legislative requirement, but

not for its value as a water services planning tool. Even where the WSDP has been completed,

WSAs are still not using them for implementation, or monitoring progress against this plan. Lack

of planning was also identified. There is insufficient funding including Equitable Share. It was

proved that WSDP that is linked to the IDP is insufficient if a service delivery and budget

implementation plan does not exist. It can be concluded that the cited operation and maintenance

problems emanate from inadequate linkages to budget and budgeting. Municipalities should

refrain from ensuring the existence of a WSDP as a compliance to the requirement of the MIG

funding that emphasizes its availability before such funding is transferred to a municipality.

The water service delivery in the Mbizana Local Municipality does not meet the requirements of

the Strategic Framework for Water Services (2003) in terms of basic water service, basic water

supply facility and basic water supply service

It can be deduced that the Alfred Nzo District Municipality has challenges in terms of ensuring

the provision of water services in the Mbizana Local Municipality, specifically; this includes

ensuring access, planning, regulation and provision, as per Municipal Structures Act (No 117 of

1998) and Water Services Act (No 108 of 1997).

50

BIBLIOGRAPHY

Babbie, E. 1990, Survey Research Methods. 2nd ed. California: Wadesworth Publishing Company

Babbie, E. and Mouton, J. 2001. The Practice of Social Research. Cape Town: Oxford University

Press.

Baussell, R.B. et al., (1995). The growth of metaanalytic literature from 1990 to 1993. Evaluation

and the Health Professions, 18(3): 238-251.

Best, S. and Kellner, D. (1991). Postmodern theory: Critical interrogations. London: Macmillan

Bwisa H. M. November 2008, Your Proposal Writing Companion, Professor of Entrepreneurship

Jomo Kenyatta University of Agriculture and Technology, www.professorbwisa.com accessed 17

April 2012, page 2

Creswell, J.W. and Plano Clark, V.L. 2007. Designing and Conducting Mixed Methods Research.

Thousand Oaks: Sage.

Denzin, N.K. 2000. Handbook of Qualitative Research. Thousand Oaks: Sage Publications.

Denzin, N.K. and Lincoln, Y.S. 2003. The Landscape of Qualitative Research: Theories and

Issues. Thousand Oaks: Sage.

Denscombes, M. 2002. Ground Rules For Good Research. A 10 Point Guide For Social

Researchers.Maidenhead:Open University Press.

De Vaus, D. 2001. Research Design in Social Research. London: Sage.

Development Bank of South Africa (DBSA), 2010, Measuring poverty, deprivation, and

progress in service delivery: Application to the Eastern Cape Province, SA, National Agricultural

Marketing Council Pretoria

Du Plooy, G. M. 2001. Communication Research: Techniques, Methods and Applications.

Lansdowne: Juta.

El-Jazairi, L. (2010). Rights to water and sanitation: a handbook for activists. London, UK:

Freshwater Action Network (FAN).

Eastern Cape Socio Economic Consultative Council (ECSECC), 2009, household access to water

Empowerdex Service Delivery Index (Citydex), 2009, Economic Empoerment Rating Agency

[Available Online] Accessed 21 August 2012

http://www.empowerdex.co.za/Portals/5/docs/Press%20releases/citydex_report.pdf

Golafshani, N. 2003. Understanding Reliability and Validity in Qualitative Research. The

Qualitative Report. 8 (4).

Gowlland-Gualtieri, A., South Africa’s Water Law and Policy Framework: Implications for the

Right to Water. IELRC Working Paper 2007 – 03, International Environmental Law Research

51

Centre, Switzerland, [Available Online] http://www.ielrc.org/content/w0703.pdf. Accessed 23

May 2012

Hemson, D. and Sausi, K., January 2011, Baseline Survey Water, Health and Development:

Three Site Rural Communities in the Amathole District Municipality, [Available Online]

www.hsrc.ac.za/module-KTree-doc_request-docid-8360.phtml. Accessed 25 March 2012, Page 6

Jali, N. 2012. Social Service Delivery. Bizana: Mbizana Printers

Jeenes K. and Steele L. 2010, Providing Water and Sanitation, Fort Hare Institute of Social and

Economic Research (FHISER)

John, R. (1980). Theory construction in sociology: The competing approaches. Mid-American

Review of Sociology, 5(1): 15-36

Khalfan A., Roaf V., Grimes H., Langford M., Fairstein C., Russell A. and Kiefer, T., 2007,

Manual on the Right to Water and Sanitation, COHRE, AAAS, SDC and UN-HABITAT, Page 2

Kumar, R. (1999). Research Methodology: A step-by-step guide for beginners. London: SAGE

Publication..

Lawyers for Human Rights. 2009. Water Supply and Sanitation in South Africa: Environmental

Rights and Municipal Accountability. LHR Publication Series

Leedy, P.D. 1997. Practical research: Planning and design. New York: Macmillan.

Maree, K. 2007. First steps in Research. Pretoria: Van Schaik Publishers.

Martin, David W. 1985, Doing Psychological Experiments. 2nd

ed. Monterey California:

Brooks/Cole Publishing Company.

Moser, C.A. and Kalton, G. 1989, Survey Methods in Social Investigation, England: Gower

Mouton, J. 2001, How to succeed in your Masters & Doctorial Studies: A South African Guide

and Resource Book. Pretoria: Van Schaik Publishers,

Municipal Demarcation Board Capacity Assessment 2007

Natsios A.S. and Hilton SM. (2002), “West Africa Water Initiative”, World Summit on

Sustainable Development, [Available Online] www.hiltonfoundation.org/press-release, Accessed

25 March 2012, page 1

Reaves, C.C. 1992. Quantitative Research for the Behavioural Sciences. New York: John Wiley

& Sons.

Roaf C.F.V, Khalfan, A. and Langford, M. March 2005, Monitoring Implementation of the Right

to Water: A Framework for Developing Indicators, Global Issue Paper No. 14, Heinrich Boell

Foundation

52

Showalter P.S. “Revisiting Rietspruit: Land Cover Change and Water Quality in South Africa”,

Department of Geography, Southwest Texas State University; Institute for Water Quality Studies,

Department of Water and Forestry, Pretoria, March 2000, pages 1-4.

Smith, Herman W. 1991, Strategies of Social Research. 3rd ed. Holt, Rinehart and Witnston.

South Africa, 1996, the Constitution of the Republic of South Africa Act 108 of 1996, Pretoria:

Government Printer. [Laws]

South Africa, Bill of Rights, 1996, Constitution of the Republic of South Africa Act 108 of 1996,

Pretoria: Government Printer. [Laws]

South Africa, 1998, National Water Act, No. 36 of 1998, Pretoria: Government Printer. [Laws]

South Africa, 1997, Water Services Act, Act No. 108 of 1997, Pretoria: Government Printer.

[Laws]

South Africa, Water Research Act, 1971 (Act No. 34 of 1971), Pretoria: Government Printer.

[Laws]

South Africa, 1999, Public Finance Management Act, (Act No. 1 of 1999), Pretoria: Government

Printer. [Laws]

South Africa, The Division of Revenue Act (enacted annually), Pretoria: Government Printer.

[Laws]

South Africa, The White Paper on Water Supply and Sanitation Policy, 1994, Pretoria:

Government Printer [laws]

South Africa, Local Government: Municipal Finance Management Act (Act No 56 of 2003)

Pretoria: Government Printer. [Laws]

South Africa, Local Government: Municipal Structures Act (Act No. 117 of 1998) Pretoria:

Government Printer. [Laws]

South Africa, Local Government: Municipal Structures Amendment Act (Act No. 33 of 2000)

Pretoria: Government Printer. [Laws]

South Africa, Local Government: Municipal Systems Act (Act No. 32 of 2000) Pretoria:

Government Printer. [Laws]

South Africa, African National Congress (ANC) (1994) Reconstruction and Development

Programme: Water and Sanitation: 2.6. Umanyano Publications, Johannesburg. [Laws]

South Africa, Alfred Nzo District Municipality, 2011, Final Integrated Development Plan 2011-

2012

South Africa, Mbizana Local Municipality, 2012, Integrated Development Plan Final 2012-2017.

South Africa. Mbizana Local Municipality, 2010, Integrated Development Plan Review 2010/11.

53

South Africa, Department of Water Affairs and Forestry, September 2003, Strategic Framework

for Water Services: Water is life; sanitation is dignity, (Strategic Framework), Pretoria:

Government Printer. [Laws]

South Africa, Department of Water Affairs and Forestry, 2005, Water and Sanitation Business:

The Roles and Responsibilities of Local Government and Related Institutions, Pretoria:

Government Printer

South Africa, Department of Water Affairs and Forestry, 2012, Free Basic Water Policy

[Available Online] http://www.dwaf.gov.za/freebasicwater/ Accessed 1 May 2012

South Africa, Department of Water Affairs, 2011/12-2013/14, Strategic Plan: Annual

Performance Plan, Pretoria: Government Printer.

South Africa, Department of Water Affairs and Forestry, 2005, A Drinking Water Quality

Framework for South Africa, page 28 [Available Online] Accessed 28 April 2012

http://www.dwaf.gov.za/Documents/Other/DWQM/DWQMFrameworkDec05.pdf

South Africa, Department of Water Affairs, 7 May 2012, Blue Drop Results Media Statement,

[Available Online] Accessed 8 May 2012

http://www.dwaf.gov.za/Communications/PressReleases/2012/Blue%20drop%20results%20medi

a%20statement%20May%202012%20%20RPMS%20f.pdf

South Africa, Department of Statistics, 2012, Census 2011 Statistical release, Published by

Statistics South Africa, Pretoria

South African, Government Online, 9 January 2012, President Jacob Zuma: State of the Nation

Address. South African Government Information, [Available Online] Accessed 20 March 2012

http://www.info.gov.za/speech/DynamicAction?pageid=461&sid=24980&tid=55960,

South African Human Rights Commission, 7th Report on Economic and Social Rights, 2006-

2009 [Available Online] http://www.sahrc.org.za/home/21/files/7thh%20ESR%20Chapter%204-

7.pdf, Accessed 13 May 2012

Tropp, Håkan, (2007), Water governance: trends and needs for new capacity development, Water

Policy 9 Supplement 2, 19–30 Stockholm International Water Institute, Drottninggatan 33, SE-

111 51, Stockholm, Sweden. [Available online] Accessed 24 May2012, Page 22

http://www.watergovernance.org/documents/WGF/Reports/Water_Governance_trends_and_need

s_paper.pdf

Williams. D. 2012. Water unsafe in two regions of Eastern Cape. The Sowetan: 8, May 2012

World Health Organization, “Facts and Figures: Water, Sanitation and Hygiene links to Health”,

[Available Online] www.who.org.za, Accessed 2 April 2012, page 1