Transforming water resource governance in South Africa using an ‘untransformed’ law
The courts and the National Water Act of 1998
Bibliographic Data
| ID | 21697095 |
|---|---|
| Authors | Tumai Murombo (0000-0002-2823-3514, School of Law, University of Witwatersrand, Johannesburg, South Africa, corresponding author) |
| Year | 2026 |
| Volume | 28 |
| Issue | 3 |
| Pages | 413-426 |
| Publication date | 2026-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Water Policy (JOURNAL) |
| Journal identifiers | ISSN: 1366-7017 • E-ISSN: 1996-9759 |
| Publisher | IWA Publishing (PUBLISHER • GB) |
| DOI | 10.2166/wp.2026.348 |
| OpenAlex | W7134248654 |
| Language | EN |
| References cited | 21 |
The South African National Water Act 32 of 1998, praised as a pioneering law setting a global standard for water resource governance, introduced modern concepts for integrated water resources management, efficient water use, and sustainable development. It made water a public resource under state trusteeship, a departure from the colonial and apartheid approach that favoured private rights in a public resource. However, an analysis of recent South African jurisprudence reveals that these theoretical qualities often mask a compromised legal reform process that perpetuates historical inequitable rights. This article argues for targeted policy and legal reforms to the water legislation, the National Water Act 1998, to enable substantive transformation and reallocation, without compromising efficient, beneficial, and sustainable water use
Corporate governance · Jurisprudence · Sustainable development · Water industry · Water resources · Environmental law and policy · Legal Issues in South Africa · Water Governance and Infrastructure
| Citation velocity | historical |
|---|---|
| Highly cited | No |