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South Africa's legally binding National Water Resource Strategy specifies a people-oriented prioritization for the equitable allocation of the nation's public trust of surface and groundwater resources. This article analyses how the Inkomati–Usuthu Catchment Management Agency seeks to operationalize the three highest priorities in the Sabie Sub Catchment: the Basic Human Needs Reserve for domestic and constitutionally based productive water uses; customary water tenure in former homelands prioritized over the upstream commercial forestry and large-scale farming and the downstream Kruger National Park; and priority General Authorizations overcoming administrative injustices of current licensing. These highest priorities imply curtailment of the lowest priority, high-impact economic uses. [ABSTRACT FROM AUTHOR]

During apartheid, South Africa formalized legal pluralism as territorial and institutional segregation that legitimized the white minority's grab of most land, water and mineral resources. In the homelands on the remaining 13% of the country, allied tribal chiefs controlled second-class customary land and water rights. Under the democratic dispensation, the new Constitution (1996) and National Water Act (1998) aim at redressing this racial discrimination. However, these goals have not been achieved. Building on literature, field research and ongoing policy and legal debates, this paper traces causes for this failure and examines whether and how a different interpretation of statutory law can decolonize past legal pluralism. A main cause of this failure is the continued power by white large-scale water users and their consultants and lawyers. Monopolizing technical and legal knowledge, they fiercely defend apartheid era's Existing Lawful Uses by 1998 and relatively easily obtain administrative licences for post-1998 water uptake, while claiming excessive monetary values of entitlements to water resources that the state, with tax payers, as custodian holds. In contrast, black water users' pre-1998 Existing Lawful Uses have not been defined as yet and burdensome licences processes for new water uptake are inaccessible to the many smaller-scale black water users. The paper concludes that, in former homelands, the legal status of living customary water tenure should be elevated and protected. Inclusive facilitated processes can further clarify the "sharing in" of water resources flowing over or under the communities' territories inside the boundaries of former homelands, also to enable gradual alignment with constitutional rights. However, in "sharing out" these water resources with powerful third parties, including foreign investors, customary water tenure should be fully protected. As a core minimum of highest priority water resource rights across the country, the current Basic Human Needs Reserve should include all water-related constitutional rights, so also water for sufficient food, and be implemented. [ABSTRACT FROM AUTHOR]

This paper discusses the changes in water law in South Africa since the new dispensation. The focus is on the poverty dimensions of the early experiences of implementation of one of the components of the National Water Act: the establishment of Catchment Management Agencies (CMAs). From a diversity of recent experiences in decentralizing integrated water resources management, key areas emerge where future actions by the government are crucial to establish pro-poor, developmental CMAs. [Copyright &y& Elsevier]

Wastewater is increasingly regarded as a valuable resource, but to fully and safely exploit the potential, sound institutional arrangements governing its reuse are crucial. This article presents a case study of a self-managed irrigation scheme in Western Cape, South Africa, that uses treated effluent directly, formally and safely. By applying the Institutional Analysis and Development framework, the variables within the context, action arena and patterns of interaction that have enabled this outcome are systematically identified and evaluated. Key variables include: water scarcity; an effective policy and regulatory framework; public pollution prevention awareness; self-organization; and capital-intensive water use linked to profitable markets. [ABSTRACT FROM PUBLISHER]

This article discusses ways in which the South African Government and grassroots organizations envisage and implement democracy achieved since 1994 in the field of water resources management. The focus is on the democratic, political and economic freedom and equality in resource rights for poor black women, who are central to poverty eradication. While the new water policy and law provide an enabling framework for achieving these goals, implementation on the ground encounters both new opportunities and constraints. This is illustrated by several cases of establishing South Africa's new water management institutions: catchment management agencies and water user associations. The important nexus between state-led democratization of water resources management and bottom-up grassroots movements is also discussed. The article concludes that the Government's affirmative and targeted intervention is indispensable for redressing gender inequalities and eradicating poverty. [ABSTRACT FROM AUTHOR]

Through investigating the reactions of commercial farmers to land and water reforms in the Trichardtsdal-Ofcolaco area, Limpopo Province, Olifants Basin, South Africa, from 1997 to 2006, it is shown that water claims are key to land redistribution processes, and that commercial farmers make strategic use of arguments for nature conservation and ecological stewardship to defend their claims to water. Given these observations, caution is warranted with respect to the implementation of land and water reforms as separate policy packages; it may be more effective to design water and conservation policies as an integral part of land reform programmes. [ABSTRACT FROM AUTHOR]