Limpopo Watercourse Agreement: Ratification; Nominees to Olifants-Doorn Catchment Management Agency

LAND AND ENVIRONMENTAL AFFAIRS SELECT COMMITTEE
6 March 2007
LIMPOPO WATERCOURSE AGREEMENT: RATIFICATION; NOMINEES TO  OLIFANTS-DOORN CATCHMENT MANAGEMENT AGENCY

Chairperson: Rev P Moatshe (ANC, North West)

Documents handed out:
Presentation by Department on Ratification of the Limpopo Watercourse Agreement

SUMMARY
The Department of Water Affairs and Forestry informed the Committee that the Limpopo Watercourse Agreement involved an agreement between South Africa and the countries of Botswana, South Africa, Mozambique and Zimbabwe. The agreement seeks to ensure, amongst others, improved collection of data on the Limpopo water system and developed water infrastructure. It was explained that various projects were already underway in the member countries.  

During the discussion Members sought clarity on the role and function of South Africa’s Water Research Commission in the agreement, the extent of donor funding for the implementation of the agreement and whether member countries had honoured their financial obligations under the agreement. The Committee ultimately ratified the agreement.

The Committee elected two Members for nomination to the board of the Olifants-Doorn Catchment Management Agency. Committee minutes of previous meeting were adopted.

MINUTES
Briefing by Department of Water Affairs and Forestry on Limpopo Watercourse Agreement
Ms Refiloe Moloi, Director of International Development Cooperation at the Department of Water Affairs and Forestry (DWAF), said the Department was already involved in various SADC shared watercourse agreements with Lesotho, Swaziland, Namibia and Mozambique. This agreement involved Botswana, South Africa, Mozambique and Zimbabwe. The objectives of this agreement, among others, were the management of efficient collection of data regarding the Limpopo, the development of water infrastructure and investment into such ventures and the sharing of benefits among member countries. Benefits like water resource assessment studies and water resource management. The Secretariat would be based in Maputo and would consist of four officials.

The cost of funding would be distributed equally among members and donations would also be sought. The German government had agreed to fund the first phase of the Limpopo Basin Study. 

Various plans and projects were already on track in all the member countries, except Zimbabwe. International bodies such as UN HBITAT and the IUCN would also get involved in various further projects.

Discussion
Mr LJ van Rooyen (ANC) asked when South Africa and Zimbabwe would join Botswana and Mozambique in ratifying the agreement. He asked what the status was of the current technical committee, which had been formed in 1986 and what role and function the Water Research Commission would have in the implementation of this agreement.

Ms Mmaditonki Setwaba, DWAF Director: Legal Services, replied that the Secretariat had been ratified by all member countries and during the existence of the Limpopo Basin Permanent Technical Committee (LBPTC) the members had met twice a year. Zimbabwe had not been able to attend all meetings due to the problems experienced in that country at present. She said that South Africa and Zimbabwe were still in the process of ratifying the agreement and that this would occur shortly. The role and function of the Water Research Commission was an institute within the Department, the members of which reported to the Minister. She said this body had until now not been leveraged, but it was worthwhile looking at the information and expertise that they could offer to the implementation of the agreement, especially since the work would involve mostly research.

Rev Moatshe asked whether any other donor would be funding the implementation of the agreement besides Germany, and how flood and drought would be managed under this agreement. He asked how member countries would be affected by pollution that occurred upstream from them.

Ms Moloi replied that Germany was the only donor for the first phase of the Limpopo Basin Study so far. The European Union (EU) had expressed some interest in the project and there were eight South African donors for the bilateral arrangements which South Africa had concluded with Botswana, Swaziland and Lesotho. The donor conference which was to take place in Maputo shortly would hopefully also entice potential donors. The ratification of the agreement would probably impact on the flow of water to various dams. South Africa was already involved with SADC through projects such as the Lesotho Highlands Water Commission. The completed Ntimbale Dam would also be integrated into the project, as well as the Dikgatlhong Dam.

Ms Setwaba said the shared watercourse protocol which came into effect in 2003, was a SADC agreement. Its first principle was that of good neighbourliness and cooperation. The new agreement would also help countries in the proper utilization and development of the Limpopo river basin, in recognition of its vulnerability. The LBPTC had created committees dedicated to the issues of flood and draught. The members of the agreement shared information with each other to the benefit of all in order to develop strategies to manage the risks of flood and draught. The need for these channels of communication had become obvious with the floods that Mozambique had experienced in recent years, and in which South Africa had been much involved in providing relief. The increased flexibility in communication facilitated by the agreement between the four members had already had marked results in benefiting all.

Ms M Oliphant (ANC, KwaZulu-Natal) referred to an agreement signed in 2003 and asked whether all member countries had paid their contribution of R200 000, and whether the R400 000 annual fee was to continue indefinitely. She also wanted to know whether the Department had budgeted for this cost.

Ms Setwaba said the protocol signed in 2000 was a reference to a revised SADC protocol, on shared watercourses. It was signed in Windhoek on 7 August 2000. By that time negotiations had already begun between member countries on the Limpopo Water Basin. That agreement was signed in 2003, and an initial amount of R1 million was necessary to fund the secretariat. The running costs would be reviewed every year and member countries would contribute to these equally. She said the Department had budgeted for this. South Africa would be providing the offices for the secretariat.

Ratification of Agreement
Rev Moatshe proposed the acceptance of Articles I to XII of the agreement, which Mr van Rooyen proposed and Ms Dlulane seconded.

Rev Moatshe read out the Committee Report on the Agreement:

The National Council of Provinces Select Committee of Land and Environmental Affairs, being asked to consider the International Agreement between the Republic of Botswana, the Republic of Mozambique, the Republic of Zimbabwe and the Republic of South Africa for the establishment of the Limpopo Watercourse Commission on 6 March 2007 had considered the requests of the Department of Water Affairs and Forestry in term of Section 231(2) of the Constitution and unanimously approved and signed the said convention.

He noted that the Committee had ratified the Agreement.

Nominees to  Olifants-Doorn Catchment Management Agency governing board
Rev Moatshe requested nominations of Members from this Committee to serve on the Advisory Committee of that board. The Advisory Committee would then recommend appointments to the governing board of the Olifants-Doorn catchment management agency

Mr F Adams (ANC, Western Cape) said that he had never experienced Members of the Select Committee themselves being nominated to such an advisory committee and that this was untoward. Usually the Members would be called upon to select nominees among a selection of curriculum vitae submitted to the Committee. He suggested that greater clarity be gained from the Department.

Ms Setwaba said that the establishment of the Catchment and Management Agency was in terms of the National Water Act and before the Minister could appoint a board she had to consult with provinces. The provinces were permitted to select a Member to serve on the advisory board to represent them and that the Minister would look at the recommendations.

Mr A Watson (DA, Mpumalanga) said he was confused by the difference between the advisory committee and the governing board. It seemed to him that the Minister was asking for nominations to assist on the advisory committee, which would in turn make appointments to the governing board.

Rev Moatshe said it was usually one member that was requested, and he asked for nominations.

Ms Dlulane proposed Rev Moatshe and Ms H Matlanyane (ANC, Limpopo), who came from that region. This was seconded by Mr R Tau (ANC, Northern Cape)

Mr G Krumbock (DA, KwaZulu-Natal) nominated Mr Watson and this was seconded by Mr Adams.

Adoption of minutes
The committee adopted two sets of minutes of meetings that took place on 2 and 30 January 2007.

The meeting was adjourned.