LEGACY REPORT OF THE
PORTFOLIO COMMITTEE ON WATER AND ENVIRONMENTAL AFFAIRS ON ITS ACTIVITIES
UNDERTAKEN DURING THE FOURTH (4th) DEMOCRATIC PARLIAMENT (MAY 2009 –
MARCH 2014)
PURPOSE OF THE REPORT
The purpose of this report is to provide an account of the work of the
Portfolio Committee on Water and Environmental Affairs (the Portfolio
Committee) during the 4th Parliament. It provides an overview of the way in which
the Portfolio Committee undertook its oversight and legislative programme in
relation to Executive actions, policies, budget, legislation and programmes as
driven by the Department of Water Affairs and their Entities, as well as the
Department of Environmental Affairs and their Entities.
The areas the report focuses on in respect of the work of the Portfolio
Committee relate to the outcome of key activities, challenges that emerged
during the period under review and issues/recommendations to be considered for
follow up during the 5th Parliament.
INTRODUCTION
Proclamation No.
32367 dated 1 July 2009, split the previous Department of Environmental Affairs
and Tourism and Department of Water Affairs and Forestry into new components,
that of the Department of Environmental Affairs and Department of Water Affairs
under one Ministry. A new Department of
Tourism was established, while the Forestry component of the previous
Department of Water and Forestry was shifted to the Department of Agriculture,
Forestry and Fisheries. It is important
to note, however, that during the interim transfer period of certain
administrative functions, the Portfolio Committee, in 2009, was required to
consider the Budget Votes of the previous Department of Environmental Affairs
and Tourism, as well as the Department of Water Affairs and Forestry as the
appropriations and transfers were only concluded in October 2009.
The Department of
Environmental Affairs and Department of Water Affairs received appropriations
by Parliament, and there was a Proclamation that gave a Vote to each of the
Departments. The Portfolio Committee,
from 2009 to date is dealing with two departments, Department of Water Affairs
and Department of Environmental Affairs, under one Ministry.
To effectively
undertake its work during the transitional period, the Portfolio Committee undertook joint meetings with the Portfolio
Committee on Tourism, as well as the Portfolio Committee on Agriculture,
Forestry and Fisheries to conclude and jointly draft reports relating to the
strategic plan and budget vote of respective departments for the 2008/09
financial years.
For the 2009/10
financial year onward, the Portfolio Committee focused exclusively on its
oversight functions of two Departments, that of the Department of Water Affairs
and the Department of Environmental Affairs.
The methodology utilised by the Portfolio Committee in the course of
their work for this period was determined by its mandate and functions;
parliamentary programme; legislation (new, amended or initiated by the
Committee), as well as undertaking oversight over Executive action by
scrutinising and critically engaging policies, programmes, legislation which
are compiled by respective Departments to implement work to ensure service
delivery to the citizens of South Africa.
Between 2009 and the
end of September 2010, the Portfolio Committee was chaired by the Honourable Ms
M Sotyu, MP, and, from November 2010 to date, chaired by the Honourable Adv.
J.H. de Lange, MP.
1.
ROLE OF THE COMMITTEE
1.1 Functions of the Committee
Parliamentary
committees are mandated to:
·
Monitor the financial
and non-financial performance of government departments and their entities to
ensure that national objectives are met;
·
Process and pass
legislation; and
·
Facilitate public
participation in Parliament relating to issues of oversight and legislation.
1.2 Method of the work of the Committee
The meaning of the principles outlined in key documents by
the Executive needed to be transformed within institutional terms of Parliament
governing oversight. The management of
legislative and oversight programmes by the Portfolio Committee have had to
focus on the set agenda items of Executive documents, which comprise the
following:
·
Current legislation;
·
State of the Nation Address (Annual fixed agenda item);
·
Medium-Term Expenditure Framework (Annual fixed agenda
item);
·
Intergovernmental fiscal relations;
·
Responses to media statements;
·
Strategic plans of departments (Annual fixed agenda item);
·
Annual reports of departments and entities (Annual fixed
agenda item); and
·
Budget Votes (annual fixed agenda item).
The form, shape and structure of the above encompassed the
following:
·
Public hearings;
·
Calling on departmental officials for relevant information;
·
Submissions to Parliament;
·
Oversight visits to provinces;
·
Oversight of legislation;
·
Questions posed to Cabinet Ministers;
·
Time set aside in the committee programme to focus on
constituency issues; and
·
Continuous agenda items included to the programme of the
Portfolio Committee when required.
1.3
Innovative initiatives to strengthen the
legislative and oversight work of the Portfolio Committee
·
First video conference with UK Parliament on
climate change legislation
The Portfolio Committee held a video
conference, on 7 October 2009, with the Members of Parliament, United Kingdom,
on the way in which a committee on climate change was established in that
Parliament. The Parliament of the United Kingdom passed legislation that
introduces the world’s first long-term legally binding framework to tackle the
dangers of climate change. The
legislation also established the Committee on Climate Change (CCC), as an
independent body, to provide the Government with advice on the levels of the
first three carbon budgets up to 2020 and to review the 2050 targets. In addition to providing advice to the United
Kingdom Government on reducing GHG emissions, the committee also focuses on the
challenges of climate change to the United Kingdom.
The above initiative was the first of its
kind by our Parliament, and the rationale for the Portfolio Committee to engage
the United Kingdom Committee was to gain exposure and expertise on the process,
mandate, vision, mission and legislative framework of setting up the Committee
on Climate Change. A video conference
such as this allowed Members of Parliament who are responsible for legislation
and oversight to benchmark themselves against other Parliaments. The hope is
that this would establish a stronger and more representative network of MPs
that would inject fresh impetus to achieve a deeper cooperation on climate
change. Following the initial video
conference, the Portfolio Committee also resolved to look at the possibility of
holding further video conferences with counterparts in other Parliaments to
allow our Members to obtain an understanding of international legislators’
perspective on climate change issues.
·
Integration and briefings of work of Departments
and its Entities during scrutiny of department and entities strategic plans,
budget and annual reports
The Portfolio Committee undertook intensive
engagements with the Departments and their Entities during the scrutiny of
strategic plans, budget votes and annual reports. Unlike previous years,
whereby departments did not integrate the budgets or performance of entities
undertaking work on their behalf, the Portfolio Committee requested that the
briefings as well as the reports foster an integrative approach in planning,
monitoring of progress and reporting against such progress between the
Department and their Entities, whilst giving full effect to the prescripts in
terms of roles and responsibilities of the Accounting Officer (Director General
of the Department) and the Accounting Authorities (Boards) of the Entities
related to those of the Department and the mandate of the Portfolio Committee. The objectives of the exercise by the
Portfolio Committee were also:
·
To contribute to improvement of the draft
plans prior to them being tabled in
Parliament by interrogating indicators, targets and current performance against
these (where applicable); and
·
To gain an understanding of the instruments
and systems utilised by the Department to exercise governance oversight of their
Entities.
The presentations made by the Department and their
Entities focused on the approach followed in the development of indicators and
targets; the draft indicators and
targets as well as a first attempt to integrate the relevant indicators and
targets of their Entities with that of the Department.
The Portfolio Committee noted the critical
factors informing the setting of indicators and targets as presented,
especially the constitutional imperatives and legislative mandates; the Medium
Term Strategic Framework of Government, the National Development Plan 2030; the
2014 Outcome 10 Delivery Agreement; Obligations and commitments stemming from
Multilateral Environmental Agreements and other International instruments such
as the Millennium Development Declaration; Obligations and priorities stemming
from the 2013 State of the Nation Address; and the interventions required based
on the various “state of...” reports periodically produced.
The methodology used in the development and
format of the Strategic Plan and Annual Performance Plan used was informed by
the Treasury Prescripts, Guidelines and Frameworks; the Balance Score Card
approach to tracking and reporting on progress against indicators and targets
quarterly and annually; as well as the governance protocol and oversight system
in place between the Department and their Entities.
In response to the above input by the Department,
the Portfolio Committee recommended the following:
·
That, whilst the reason for separate and
independent Strategic and Annual Performance Plans and reports of the
Department and Entities are understood within the context of the different
prescripts and accounting mechanisms applicable and whilst these must continue
to be respected in terms of the official Plans and Reports tabled in
Parliament, an Integrated Balance Score
Card system should be developed for the Department and the Entities to
adequately reflect the contributions and overall impact on shared Indicators
and Targets;
·
Where applicable and especially in terms of
“impact” indicators, historic status and long term targets / windows as well as
progress towards such targets should be included in the Strategic Plan and
preferably be communicated in a graphic or diagrammatic manner. Such graphs or
diagrams should contain the following:
·
The source of the target (for example, the
Millennium Development Declaration);
·
The date on which the target was introduced;
·
The baseline performance at the time that the
target was introduced;
·
The due date for the target;
·
The current performance against the target;
·
The likelihood of achieving the target; and
·
Any applicable intervention scenarios and its
potential outcomes in relation to the target.
In short, in terms of performance oversight,
the Portfolio Committee insisted on the Departments promoting, fostering and
monitoring an integrated, balance scorecard approach of the Departments and
their Entities to common objectives and targets. The Portfolio Committee also pushed the
Departments and Entities to measure impact and not only output. The Portfolio Committee also urged the
Departments and Entities to undertake a performance audit on the use of consultants
and the oversight on the Department setting criteria and measures for work to
be outsourced versus work that should be done in-house.
·
Partnership approach between the Portfolio
Committee and the Department of Environmental Affairs
Whilst not compromising the oversight responsibilities of
the Portfolio Committee, the partnership approach to the mandate and work of
the Department enabled the Department to account openly and transparently. This assistance by the Portfolio Committee
allowed the Department to reach out to the public and facilitate innovation and
solutions, both in terms of legislative instruments and administrative systems.
·
Prioritise constituency issues as key component in the programme
An initiative of the Portfolio
Committee in relation to address concerns in the environmental and water sectors was to set aside time in the committee programme to focus on
constituency issues. The rationale for this initiative was that during
briefings by Departments and their entities, Members raised a number of
relevant concerns on matters under discussion pertinent to their specific
constituencies. The Portfolio Committee
then created an initiative to address this within a structured framework with
time set aside for Departments to substantively respond to constituency matters.
·
Substantive joint engagements on legislation with
the Departments and Portfolio Committees
The Portfolio Committee in its preparatory
engagements with the National Environmental Management Laws Amendment Bill,
2013 realised the importance of integrating its substantive engagement on the
Bill with aspects that will impact on the legislation and regulations of the
Departments of Mineral Resources, Water Affairs and Environmental Affairs. The National Environmental Management Laws
Third Amendment Bill, 2013 (NEMLA 3) proposes amendments to certain provisions
under the National Environmental Management Act, 1998 (NEMA), the National
Environmental Management: Waste Act, 2008 (NEM: WA) and the National
Environmental Management Amendment Act, 2008 (NEMAA).
The Bill proposes amendments to certain
provisions under the NEMA and NEMAA in order to give effect to the “One
Environmental System” by empowering the Minister of Mineral Resources
to implement environmental matters in terms of NEMA in so far as it relates to
prospecting, mining, exploration, production or related activities on a
prospecting, mining, exploration or production area. The Bill further proposes amendments to the
NEM: WA to allow the Minister of Water and Environmental Affairs to develop
regulations on the environmental management of residue deposits and stockpiles
for implementation by the Minister of Mineral Resources.
The proposed new statute follows
proclamations gazetted during June 2008, which initially announced the
commencement of the 2008 Minerals and Petroleum Resources Development Amendment
Act (MPRDAA) and its provisions for a single environmental management system
for the mining industry, but subsequently withdrawing this announcement. It also follows the introduction in
Parliament, in June 2013, of the long-awaited Mineral and Petroleum Resources
Development Amendment Bill, 2013. Among
its provisions is one proposing that the Minister of Water and Environmental
Affairs should be the appeal authority for decisions taken by the Minister of
Mineral Resources on environmental authorisation applications or environmental
management programmes relating to areas in which prospecting, exploration,
mining or production takes place. The
Bill allows for transitional arrangements in respect of such appeals lodged
prior to its commencement.
To this end, the Portfolio Committee held joint meetings with the Portfolio
Committee on Mineral Resources as well as the Department of Mineral Resources
and the Department of Water Affairs so as to ensure that the:
·
Alignment of all legislative instruments,
including legislation and regulations, to give effect to this agreement reached
between the Department of Environmental Affairs (DEA), the Department of Water
Affairs (DWA) and the Department of Mineral Resources;
·
Amendment of present envisaged legal
framework as agreed in 2008; and to
·
Allow for application of environmental laws
in mining areas, in an orderly and synchronised manner, by way of:
o
MPRDA amendments;
o
NEMLA 3 amendments
o
Amendments of DMR regulations;
o
Amendments to DEA regulations;
o
Amendments to DWA regulations; and
o
Amendments by 3 departments of any other
formal or informal legislative instruments impacting on this integration and
synchronisation process.
·
Initiation of Committee Bill
The Portfolio Committee, while considering
the National Environmental Laws Third Amendment Bill, 2013 and the Mineral and
Petroleum Resources Development Amendment Bill, 2013, realized that it was
imperative to effect certain technical amendments to the National Water Act in order to achieve the goal of an
integrated regulatory framework for water, mining and environment, by
specifically providing for the alignment of the timeframes for the processing
of the respective applications within 300 days and for the appeals to be
adjudicated within 90 days. The Minister of Water and Environmental Affairs and
the Minister for Mineral Resources and their respective Departments were
consulted on this approach to introduce a Committee Bill and were in full
support of this process.
Accordingly, the Portfolio Committee deemed
it prudent to initiate a Committee Bill to effect certain amendments to the
National Water Act, 1998 and to
submit the same to the Speaker of the National Assembly, Mr MV Sisulu, MP seeking permission for the introduction of this Bill as a
Committee Bill. The purpose of the
technical amendments to the relevant sections of the National Water Act, 1998
seek to achieve the alignment and synchronisation of timeframes and processes
for the processing of water use licences, environmental authorisations,
licences under specific environmental management Acts and other licences,
permits or rights in terms of the Mineral and Petroleum Resources Development
Act, 2002, and also to make provision for a synchronised internal appeal
process to the Minister of Water and Environmental Affairs rather than the
current appeal process being the Water Tribunal. This will ensure that all appeals will be
finalised within 90 days after the receipt of an appeal.
1.4 Key statistics
The table below provides an overview of the number of meetings held,
legislation and international agreements processed and the number of oversight
trips and study tours undertaken by the Portfolio Committee, as well as any
statutory appointments the committee made, during the 4th
Parliament:
Activity |
2009/10 |
2010/11 |
2011/12 |
2012/13 |
2013/14 |
Total |
Meetings held |
37 |
42 |
41 |
40 |
45 |
|
Legislation processed |
None |
None |
2 |
2 |
5 |
9 |
Oversight trips undertaken |
None |
1 |
2 |
1 |
None |
4 |
Study tours undertaken |
None |
None |
None |
None |
None |
0 |
International agreements processed |
None |
None |
None |
3 |
2 |
5 |
Statutory appointments made |
None |
None |
None |
None |
None |
None |
Interventions considered |
None |
None |
None |
None |
None |
None |
Petitions considered |
None |
None |
None |
None |
None |
None |
2.
FOCUS OF OVERSIGHT WORK BY THE PORTFOLIO COMMITTEE
ON THE DEPARTMENT OF WATER AFFAIRS AND THEIR ENTITIES AND THE DEPARTMENT OF
ENVIRONMENTAL AFFAIRS AND THEIR ENTITIES
2.1 Environmental sector
For the period under
review, the Portfolio Committee engaged the Department of Environmental Affairs
and their Entities on strategic plans, budget votes, policy and
legislation. The Portfolio Committee
noted that central to the concept of sustainable development is not only the
protection of biodiversity and ecological goods and services, but the way in
which these can be used to provide jobs and income opportunities for the poor
and unskilled. The centrality of
national and global imperatives of sustainable development was translated
through the implementation of programmes such as the community-based Natural
Resource Management and Social Responsibility. These initiatives put the
Department at the centre of government’s poverty alleviation, job creation and
protection and rehabilitation of the environment.
Other focus areas on the work of the two
Departments and their Entities related to consideration of the State of the
Environment Report, National Planning Commission Diagnostic Report in relation
to the water and environmental sectors, further public hearings on the Green
and White Paper on Climate Change; rhino poaching, the National Waste
Management Strategy, progress in the achievement of the Millennium Development
Goals (MDGs), low carbon economy strategy; and job creation and expanded public
works programmes.
·
Finding the balance between sustainable development and job creation
A critical component
of the discussions between the Portfolio Committee and the Department was on
finding the balance between sustainable development and job creation. The thread that repeatedly emerged during
these discussions was the manner in which unsustainable production, consumption
practices, land use practices, alien species invasions and the impact of
climate change could result in degraded land and ecosystem productivity, which
threatens both current and future development opportunity. Initiatives to contribute significantly to
job creation, social inclusion and the low carbon green economy is evident in
the environmental Expanded Public Works
Programme (EPWP) and through the National Green Fund aimed at catalysing scaled
up investment in climate resilient, low carbon sustainable development.
·
Addressing chemicals and waste management in South Africa
Briefings and public
hearings within the environmental sub-sector focused on chemicals and waste
management, and the findings showed that these sectors are extremely
under-capacitated, particularly in municipalities. This results in poor waste and chemicals
management, which has serious impacts on the well-being and health of South
Africans. The Department argued that
priorities within the medium-term in this area are to improve the provision of
quality waste management hierarchy. This hierarchy includes waste minimisation,
recycling, transport, storage and disposal as well as developing new industries
based on specific waste streams, such as tyres, health risk and hazardous
chemical waste. These benefits will be
achieved through the formulation and facilitation of the implementation and
enforcement of strategies, norms, standards, and regulations to fully give
effect to the national Environmental Management: Waste Act (2008) and building
capacities, particularly at local government level.
·
Air quality management
Air pollution control in
South Africa has undergone a shift from the best practical means to an Air
Quality Management approach. The Portfolio Committee received a number of
briefings and held public hearings on progress by the Department on air quality
management. These ranged from the National Environment Management: Air Quality
Act (AQA) and its subsequent amendments, the National Framework for Air Quality,
publication of national ambient air quality standards, and listed activities
and emission standards, development of an Air Quality Management Planning
manual, and processes to issue atmospheric emission licenses.
·
Climate change
Climate change is one
of one of the greatest challenges of this century and impacts on global
environmental, social and economic systems as it threatens to undermine South
Africa’s past development gains as well as its future potential. The Portfolio Committee also held its
first ongoing parliamentary discussions on climate change, including hearings
on the Green and White Paper on Climate Change.
·
Rhino poaching
Another area of grave
concern to the environmental sector, and which received much attention by the
Portfolio Committee over the last few years was the continuing plundering and
pillaging of South Africa’s natural resources.
The ongoing poaching of rhino population is a source of great concern to
government. The Portfolio Committee held
a number of public hearings, briefings as well as special workshops on the
issue in the period under review.
·
Constituency issues in the environmental sector
In the environment sector, the following issues were
responded to by the Department and its entities – waste management in
municipalities, air quality monitoring stations, infrastructure, and mining and
its impact on the environment, amongst others. Copies of reports pertaining to issues raised on
constituency work by Members of the Portfolio Committee are available.
2.2 Water sector
For the 2009 to 2013 period, the Portfolio Committee
received briefings on the Strategic Plans, Annual Reports and Budget Votes of
the Department of Water Affairs and its entities, Water Research Commission;
Trans Caledon Tunnel Authority, 12 water boards, catchment management agencies,
Of specific importance to the work of the Portfolio
Committee was the service delivery component of the work of the Department and
its entities. This culminated in a
number of briefings of the way in which departmental regional offices support
local government structures in the nine provinces with regard to planning,
infrastructure development, finance, service delivery arrangements and
regulation of water service supply and sanitation.
During the period under review, the main focus areas were
on Acid Mine Drainage; efforts by the Department in reducing backlogs in
processing water use applications, wastewater treatment plants, regulation,
compliance monitoring and enforcement in the water sector. Due to its poor
financial and administrative performance in the period under review, the
Department of Water Affairs engaged on a turnaround strategy called the
Business Process Review (BPR), which dealt with improving operations in the human
resources, finance, infrastructure, water trading entity, institutional
realignment, communications, ICT, management and policy and regulation.
·
Progress in service delivery
Over the medium term, significant progress in
dealing with service delivery has been made.
The key to significant progress in this regard is the result of a
successful partnership with the Departments of Cooperative Governance and
Traditional Affairs and Human Settlements, initiatives by the Municipal Infrastructure Support Agency (MISA) and Water Boards in
dealing with the challenges of service delivery in those areas which have
experienced service delivery protests. Support was provided through the
Department’s Rapid Response Unit (RRU) which is a unit made up of professionals
in the water sector who attend to problems when they arise and arrange quick
fixes that may relate to water treatment or infrastructure failures. The RRU
was decentralised to all provinces and is fully functional in seven Provinces.
There were 173 technical interventions during the period under review.
·
National Water Resource Strategy – 2
In relation to the
review of water policy and legislation, tremendous progress has been made in
the last financial year, in that the National Water Resource Strategy – 2
(NWRS2) was finalised and published in June 2013. The Department is currently
mapping out the implementation path of this important strategic tool for water
management.
The second National Water Resources Strategy
(NWRS-2) forms the cornerstone of water resources management in the country and
gives guidance on what future priorities are in the business of water in South
Africa. The Strategy speaks to the institutional framework to improve water
resource management through the establishment of nine catchment management
areas within three years; and to formalise the nine regional entities to
provide regional bulk infrastructure and to support municipalities on bulk
water provision. The critical issue of equity in allocation is addressed
extensively in the second National Water Resource Strategy (NWRS-2).
·
National
Water Policy Review
The National Water
Policy Review has been gazetted. The review aims to address the gaps on equity
and redistribution of water resources in the country. The process of
amalgamating and aligning the various pieces of legislation such as those
governing mining and environmental management is at an advanced stage. This
process would improve water management and development in the country.
·
Institutional Reforms and Realignment Process
The Institutional Reforms and Realignment process
was finalised. The process will see the consolidation of water boards from 12
to 9, which will extend gazetted areas of these water boards and expand their
functions. The process to establish nine (9) Catchment Management Areas is also
progressing smoothly and will be instrumental in managing water resource
management into the future.
·
Acid Mine Drainage
Good progress has been made with regard to the
challenge of acid mine drainage in the Witwatersrand area. Since the inception
of the Inter Ministerial Committee on Acid Mine Drainage, the immediate
solution in the Western Basin was completed and commissioned in June 2012, and
the uncontrolled decant of Acid Mine Drainage (AMD) in the Western Basin
effectively stopped in August 2012. The Department is currently busy with the
construction of a pump station and a new water treatment plant in the Central
Basin and is on target to ensure that pumping commences before the
Environmental Critical Level is breached.
·
Business Process Review Committee
The Business Process Review Committee (BPRC) continues
to make a positive impact on the turn-around of the Department and elevating
the Department to a much higher trajectory of performance. Evidence of impact
of the BPRC, is firstly a significant improvement in the outcomes of the 2013
Audit, including improved performance reporting, oversight of the ongoing
review of the water policy and the review of the legislative framework, the
review and implementation of the organisational structure, overcoming the
challenges in the ICT environment, review of the building leases,
infrastructure spend and overall efficiency.
·
Interim/Intermediate Water Supply Programme
In recognition of the plight of the many
people without services in rural areas, the Department of Water Affairs
initiated in 2012, the Interim/Intermediate Water Supply Programme
(IIWSP). The intention of the programme
is to focus on the 24 District Municipalities with the highest backlogs and
thereafter merge with the existing initiative to address 2014 water
backlogs. The programme would facilitate
solutions and where possible, provide direct support and funding to areas that
are not covered by existing projects within the Bulk Infrastructure Grant or
the Municipal Infrastructure Grant.
·
Water
Harvest Tanks
The Department’s programme of distributing
water harvest tanks to communities in the rural areas for (general) access has
been refocused to redistribute tanks for food production as a contribution to
rural development.
·
Water Use
Licensing Programme
A key contribution to job creation is the
Department’s Water Use Licensing Programme whose focus areas are water
infrastructure, mining and mining beneficiation, and energy sector,
agro-processing and rural development.
The Department has invested in creating jobs in the following areas –
water augmentation, rehabilitation and refurbishment of the Department’s water
schemes, regional bulk infrastructure grant to local government; and
infrastructure being developed by water boards.
·
Skills
Development
The
Department has recognised the need for sector skills development and for the
2013/14 financial year, and has specific targets for recruitment and training
of engineers and scientists to expedite the project of building technical
skills in the sector. The Department’s
sector skills plan also has huge commitments towards achieving the objective of
capacity building.
·
Infrastructure
Programme
South
Africa has unveiled a massive infrastructure programme to build the economy and
create jobs. The role of water in this programme is very significant as most
projects require a secure source of water availability of the best quality. The
water sector itself has its own infrastructure investment plan which has been
quantified to cost over R660 billion over the next ten years.
·
Water
Resource Management
The
interrelated priorities of access to water, infrastructure development in
water, job creation and community participation is best highlighted in the
Department’s Programme: Regional Implementation and Support. The purpose of the programme is to coordinate
implementation of the Department’s strategic goals and objectives at the
regional level (provincial), including the establishment of water resource
management institutions. It facilitates water conservation and demand
management and access to water infrastructure by communities.
·
Constituency issues in the water sector
In the water sector, the following issues were responded to
by the Department and its entities – access to water in rural areas;
Infrastructure development for regional sewerage works projects; desalination
projects; water licences; bulk water; and tender process on projects funded by
MWIG, amongst others.
2.3 Legislation/international agreements and
legislation conferred – water and environmental sectors
During the 2009/10 to 2013/14 review period, the Portfolio
Committee finalised and adopted through briefings, public hearings and input
from Members the following legislation/international agreements and legislative
compliance to the Money Bills Amendment Procedure and Related Matters Act,
2009. Please
note that details and reports of all Bills and international agreements listed
below are available.
2.3.1 Legislation
The following pieces of legislation were referred,
processed or finalised by the Portfolio Committee during the 4th
Parliament:
·
In the 2011/12 period, the South African Weather Service
Amendment Bill, 2011 and the National Environmental Management Laws Amendment
Bill, B13-2013. The Weather Service Bill was withdrawn;
·
In the 2012/13 period, the Portfolio Committee considered
the following Bills – the National Environmental Management: Integrated Coast
Amendment Bill, 2012; the National Environmental Management: Integrated Coastal
Management Bill, 2013; National Environmental Management Laws Second Amendment
Bill, 2013; National Environmental Management: Air Quality Amendment Bill, 2013;
the National Environmental Management: Protected Areas Amendment bill, 2013;
the South African Weather Service Amendment Bill, 2013; the National
Environmental Management : Waste Amendment Bill, 2013 and the National
Environmental Management Laws Third Amendment Bill, 2013. Although the Water Research Commission
Amendment Bill, 2013 was referred to the Portfolio Committee, it was unable to
attend to the Bill due to time constraints; and
·
In the 2013/14 period, the Portfolio Committee considered
the following Bills – National Water Amendment Bill (Committee Bill), 2014.
2.3.2 International agreements
The following international agreements were processed and
reported on:
·
In 2010/11 – the Lesotho Highlands Water Phase 11
Agreement;
·
In 2011/12, Nagoya Protocol on Access to Genetic Resources
and the Fair and Equitable Sharing of Benefits arising from their Utilisation
to the Convention on Biological Diversity;
·
In 2012/13, the African Convention on the Conservation of
Nature and Natural Resources (‘Algiers’ Convention); and
·
In 2013/14, the Benguela Current Convention on the
Environmental Protection and Conservation of Benguela Current Large Marine
Ecosystem and Annex V1 to the Protocol on the Environmental Protection to the
Antarctic Treaty.
2.3.3 Obligations conferred on committee by
legislation
The Money Bills Amendment Procedure and Related Matters Act
aims to provide for a procedure to amend money Bills before Parliament, such as
the Division of Revenue Bill, Appropriations Bill, Adjustments Appropriation
Bill and the Taxation Laws Amendment Bill.
The Bill was put into context with regard to Parliament’s oversight
functions, its budgetary review and recommendations reports (BRRR) as well as
its reports on the Medium-Term Budget Policy Statement (MTBPS). The Act encourages synergies between the
committees by requiring that when the Committees on Appropriations consider the
Division of Revenue Bill, the participation of the chairs of other committees
is expected. Similarly, when the
Appropriation Bill and Adjustment Appropriation Bill come before the Committees
on Appropriations, there must be a consultation process with other committees.
During the period under review, and in compliance with the
above-mentioned legislation, the Portfolio Committee recommended the following
in response to the most important challenges in the water and environmental
sectors:
Environmental
sector
The Portfolio Committee reemphasised their concerns about
areas and functions of the Department and their Entities that appear not to be
adequately resourced. Members also
expressed concerns about the adjusted allocation received by the Department
through the adjusted estimate of national expenditure where requests for
unforeseen and unavoidable expenses associated with an emergency medical
evacuation from Marion Island was not granted.
This is especially concerning in light of the fact that a request to
increase the budget allocation for the programme associated with research and
relief vessels (Agulhas 11 and the Algoa) required to cover
unexpected quantum of the increases in fuel and food prices was also not
favourably considered. The unsuccessful
request means that expenses associated with the medical evacuation as well as
the increased operational costs of the vessels need to be reprioritised from an
already stretched budget allocation.
R100 million allocated to the EPW programme (Working on Water and
Working on Fire) were cut. The cuts effected over the MTEF (2013/14 to 2015/16) to the
Department’s baseline allocation despite the Department’s motivated submission to
Treasury also had consequences on delivery services and the measures already
taken over the past three years to reprioritise the budget and meet the
capacity instruments to deliver against its regulatory mandate.
The Portfolio Committee was, however,
extremely concerned about the inadequacy of allocations in general, the impacts of the cuts to the baseline of
the Department and the fact that requests for additional funding were not
granted in terms of areas of work that is substantially under-resourced such as the Ocean Research Programme and
areas where the ability of the country to meet our international obligations
and constitutional obligations to South African citizens are being compromised
due to insufficient resources.
Water sector
The Portfolio Committee
recommended the following in response to the most important challenges in the
water sector:
·
The Portfolio
Committee noted with concern the under expenditure recorded by the Department
and the subsequent loss and funds returned to the Department of Finance. This
type of under expenditure needs to be corrected and should not reoccur in
future financial years;
·
It was
unacceptable that only 60% of targets set by the Department and agreed to by
the Department, are achieved, yet 96% of the total budget has been spent.
Targets set need to be SMART and results must be linked to expenditure;
·
The Portfolio
Committee noted with concern the amounts of 30 days or more owing to the Water
Trading Entity by water users. A measurable programme with targets and dates
needs to be submitted to the committee to monitor this on a quarterly basis.
The Portfolio Committee further requested the Water Trading Entity to supply a
detailed programme of action with specific time frames and deadlines dealing
with, metering of water volumes to users, where applicable, the challenge
facing charging of water consumption by non licensed users, data cleansing of
information relating to water users and debtors within the Water Trading
Entity;
·
The Portfolio
Committee noted that the number of vacancies as well as acting positions,
including that of the Director-General do pose challenges to the effective work
of the Department. The Portfolio
Committee requested that the Department urgently expedite processes in filling
vacancies;
·
The Portfolio
Committee requested that the Department delineate and provide updated
statistics on water utilisation by sectors such as agriculture and industry;
and
·
The Portfolio Committee noted the critical
role of water and sanitation that has been further recognised in terms of the
Strategic Integrated Project (SIP 18). The Department in collaboration with the
Departments of Human Settlements and Cooperative Governance, and working
together with Provinces and relevant Local Government is charged with the
responsibility of integrating its work, through infrastructure development, for
the eradication of backlogs and sustained delivery of quality services to the
people of South Africa. In order to facilitate effective and timely investment
in infrastructure and improve operations and maintenance, the Department is
developing a comprehensive investment plan. This plan will inform budgeting and
integrated planning based on a life-cycle approach, which includes planning and
construction costs, operation and maintenance, financing costs and the costs of
sustainable water management. Capital investment in new water and sanitation
infrastructure for the entire value chain including the refurbishment of
existing infrastructure is projected to require an estimated R670 billion over
the next ten years. In light of the above, the Portfolio Committee recommends
that the Department must, as a matter of urgency, provide a proposed budget for
the medium term in this regard.
3. Public Hearings
Public Hearings on Climate Change
The processing of the National Climate Change Response Policy Green
Paper through public hearings in March and April 2011 was one of those flagship
projects that the Portfolio Committee was involved in. The outcome of the
public hearings and Portfolio Committee deliberations on the same were compiled
into a set of recommendations that fed into the White Paper on Climate Change.
The Portfolio Committee also held public hearings in Parliament on the White
Paper upon its official adoption by Cabinet in October 2011 to gauge public
views on this framework Government policy for climate change in the lead to the
17th session of the Conference of the Parties (COP17) to the United
Nations Framework Convention on Climate Change that South Africa hosted in
Durban from 28th November to 11th December 2011. The
public hearings indicated that the White Paper was a product of national
consensus and also signalled to the Portfolio Committee the need to conduct
regular monitoring of the implementation process of the White Paper.
Public Hearings and National Consultative Workshop on Rhino Poaching
The Portfolio Committee also held public
hearings on Rhino Poaching to seek solutions to the mounting threats of
poaching to the South African rhino population, despite many Government
interventions at various levels in Parliament in the first quarter of 2012. The
Department of Environmental Affairs, public and private conservation agencies,
members of civil society and game farmers discussed and tendered solutions for
halting the illegal trade in rhino horns.Furthermore, following these two significant parliamentary processes (a
public hearing on rhino poaching in 2012, and a closed-door meeting with all
law enforcement agencies relevant to the protection of South Africa’s wild
rhino populations) and regular Portfolio Committee engagements with the
Department of Environmental Affairs aimed at finding optimal solutions to the
ongoing challenge of rhino poaching. In addition to the local stakeholders, the
Portfolio Committee invited members of Parliament from rhino range States on
the Continent with the aim of sharing experiences on the challenges of rhino
conservation and also learning from the many discussions at the workshop, and
go back informed to lobby and facilitate their respective governments to adopt
an African common position on a limited regulated trade in rhino horns, using
existing stockpiles.
Public Hearings on Acid Mine Drainage
Acid Mine Drainage
(AMD) that became a major environmental issue in the Witwatersrand area in the
Gauteng Province was another flagship project that the Portfolio Committee
grappled with, in the period under review.
Public Hearings on Efficacy of the Environmental Impact Assessment
Regime in South Africa
The Portfolio Committee on Water held public
hearings on Environmental Impact Assessment (EIA) regime, and specifically
looking at the difficulties experienced with EIA processes and the manner in
which South Africa could achieve a balanced EIA regime.
Public Hearings on National Waste Management Strategy
The legacy of inadequate waste services,
poorly planned and maintained waste management infrastructure, and limited
regulation of waste management, persistently threatens the health and wellbeing
of everyone in the country. Addressing
this legacy and its negative environmental and social consequences advances
people’s constitutional right to a healthy environment. The aims of the public hearings was to
address the past gaps and imbalances in waste management.
Public Hearings on the Draft National Water Resources Strategy
The reasons for the public hearings were to solicit comments on the gaps
and areas that require improvement in the Draft National Water Resources
Strategy 2nd Edition, 2013, and also to seek best practices in water
resources management, especially in those countries that have similar
environmental and hydrological parameters with South Africa in order to
optimise and leapfrog the nations water resource management initiatives.
4. Oversight trips/study tours
The following oversight trips/study tours were undertaken:
Oversight visit to
Gauteng and North West
On 27 – 30 July 2010, the Portfolio Committee undertook an oversight
visit to Gauteng and North West Provinces to ascertain in specific sites the
levels of Acid Mine Drainage (AMD) and its subsequent impact on groundwater,
rivers and dams. The Portfolio Committee
recommended that the Department of Water Affairs produce a business plan on how
it intends to tackle the AMD threat in the short, medium and long term. Such a plan should include timelines,
budgetary projections and a plan of action.
Subsequent to the initial oversight on AMD, the
Portfolio Committee in 2011, 2012 and 2013 prioritised and received progress
reports on the initiatives undertaken to address AMD in the most affected
areas.
Oversight visit to Mpumalanga and KwaZulu-Natal Provinces
In the course of
briefings by officials within the water and environmental sectors in 2011, the
Portfolio Committee decided, on 24 – 30 July 2011 to evaluate and assess the
theoretical components of briefings against the findings at site visits to
ensure correlation and compliance on the ground aspects relating to management
of national parks. The Portfolio
Committee undertook site visits to the Kruger National Park, iSimangaliso
Wetland Park, as well as receiving specialised briefings on Botshelo and Bushbuckridge
Water Boards, Inkomati Catchment Management Agency and the Komati Basin Water
Authority (KOBWA).
The Portfolio
Committee visited the Kruger National Park to:
·
Assess the way in
which the officials undertake their mandate to ensure sustainable development
through slowing down biodiversity loss, fragmentation of habitats and resource
depletion as well as impaired ecosystem functioning;
·
Assess the manner in
which compliance and enforcement measures with regard to wildlife are
undertaken; and
·
Assess whether the
recent proposals to develop the Kruger National Park will impact on the
environment in terms of the natural life and noise pollution;
The visit to
iSimangaliso Wetland Park was to:
·
Obtain a realistic
and informed picture of the challenges confronting Lake St Lucia;
·
Assess the manner in
which the grant of US$9 million secured from the Global Environment Facility
for the Park will be disbursed; and
·
To meet with St Lucia
residents who want the estuary open for fishing purposes.
The Portfolio Committee
was satisfied with the proposed hotel developments in the Kruger National Park,
as long as these developments are subject to EIA process, as explained by the
Department of Environmental Affairs. The
Portfolio Committee was impressed by the way in which the iSimangaliso Wetland
Park Authority was managing the Wetland Park, considering the limited financial
resources and human capital at hand.
Members appreciated the effort of the Park Authority in using the world
heritage status of the Park to mobilise international funding from the Global
Environmental Facility to undertake crucial studies that contribute to the
effective management of the Park.
In response to water
governance issues, the Portfolio Committee requested that:
·
The Department and Rand Water brief the Portfolio
Committee on the findings and recommendations of the “Due Diligence’ report;
·
The Portfolio Committee needs to track the
strategies and timeframes proposed by the two water boards in terms of their
turnaround strategy; and
·
The meetings in Mpumalanga provided an
overview of the turnaround strategy of the boards, the performance of Inkomati
and KOBWA. It is therefore necessary for
the Portfolio Committee to track progress of the projected strategies and
timeframes of all these entities.
Oversight visit to Gauteng Province
On 2 – 5 August 2011,
the Portfolio Committee undertook an oversight visit to the Gauteng Province to
hold a workshop with the Department of Water Affairs and Department of
Environmental Affairs to discuss, among others, the outstanding matters after
various interactions and strategic plan discussions between the Portfolio
Committee and the departments. The
workshop focused on the following
critical areas – review of the work of the Water Trading Entity, optimal
institutional arrangement for the establishment of annual water tariff
increases, feasibility and appropriateness of an independent regulator,
overview of all databases and statistics captured by the Departments and its
entities on matters relating to the water and environmental sectors, review of
the seven (7) reconciliation/feasibility plans of the Department of Water
Affairs, compilation of the South African Outlook and study on the health of
rivers.
Oversight visit to Lesotho Highlands Water Project
On 1 – 3 October
2012, the Portfolio Committee undertook a site visit to Phase 1 of the Lesotho
Water Highlands Project to assess the achievements of the initiative;
scrutinise the plans for the operationalisation of Phase 11; and consider the
significant financial resources that South Africa and Lesotho committed to this
public-funded project.
Oversight visit to Gauteng Province
On 24 – 27 July 2013,
the Portfolio Committee undertook an oversight visit to the Gauteng Province to
assess matters emanating from public hearings and briefings by the Department
of Water Affairs and Department of Environmental Affairs. The aim was also to open opportunities for
further engagements with the Department of Environmental Affairs and Department
of Water Affairs and their respective Entities.
5. Other stakeholders important to the work of the Portfolio Committee
Wilderness
Foundation; Mr Terry Bengis; WWF; WESSA; Eastern Cape Parks
and Tourism Agency; Ezemvelo KZN Wildlife; Dr Mark White; Chemical and Allied Industries Association; AGRISA; BUSA; Council for
Scientific and Research; South African Faith Communities Environment; Institute
Climate; Justice Off; the Ground Ekasi Youth Development; EarthLife; Chamber of
Mines; Eskom; SASOL; Centre for Environment Rights; Legal Resources Centre; Federation
for Sustainable Environment; Oxfam; Association for Cementious Material
Producers; Commission for Gender
Equality; South African Council of Churches; South African Local Government
Association (SALGA) and the South African Medical Association.
6.
RESPONSIBILITY OF THE WATER AND ENVIRONMENTAL
SECTORS IN SOUTH AFRICA
The following sectors fall within the work of the Portfolio
Committee – water and environment. The Department of Water Affairs and its
entities, as well as the Department of Environmental Affairs and its entities,
are mandated to undertake work in these two sectors.
6.1 Department of Environmental Affairs and their
Entities
The Department of Environmental Affairs is mandated to
ensure the protection of the environment and conservation of natural resources,
balanced with sustainable development, and the equitable distribution of the
benefits derived from natural resources.
In its quest for better use and management of the environment, the
Department is guided by its constitutional mandate, as contained in section 24
of the Constitution, 1996, as well as Acts of Parliament, regulations and
policies. The work of the Department is supported by the following Entities:
South African National Biodiversity Institute
(SANBI)
The South African National
Biodiversity Institute (SANBI) was established on 1 September 2004 in terms of
the National Environmental Management: Biodiversity Act (Act No 10 of 2004).
The mandate of SANBI is to play a leading role in South Africa’s national
commitment to biodiversity management, now and into the future. In partnership
with the Department of Environmental Affairs and the biodiversity sector, SANBI
is tasked with leading the biodiversity research agenda.
South African Weather Services (SAWS)
The South African Weather Service
(SAWS) was established in accordance with the South African Weather Service Act
(Act No 8 of 2001). Its mandate is gazetted in the act. In terms of its vision
statement, the SAWS strives “to be the foremost
provider of relevant services in respect of weather, climate and related
products, which contribute to sustainable development in South Africa and the
African continent.
South African National Parks (SANParks)
South African National Parks
(SANParks) was established in terms of the National Environmental Management:
Protected Areas Act, 2003 (Act No 57 of 2003). In terms of this Act, the
primary mandate of SANParks is to oversee the conservation of South Africa’s
biodiversity, landscapes and associated heritage assets through a system of
national parks.
iSimangaliso Wetland Park
In December 1999 the iSimangaliso
Wetland Park was inscribed as South Africa’s first world heritage site as an
area of exceptional and outstanding universal heritage significance. The
natural values in terms of which the iSimangaliso Wetland Park was inscribed on
the World Heritage List include outstanding examples of ecological processes,
superlative natural phenomena and scenic beauty, and exceptional biodiversity
and threatened species. The iSimangaliso Wetland Park has thus received
recognition under three of four natural criteria recognised by the World
Heritage Convention.
6.2 Department of Water Affairs and their Entities
The Department of Water Affairs is the custodian of South
Africa’s water resources. The Department
is primarily responsible for the formulation and implementation of policy
governing this sector, and also has an overriding responsibility for water
services provided by local government. While striving to ensure that all South
Africans gain access to clean water and safe sanitation, the water sector also
promotes effective and efficient water resources management to ensure sustainable
economic and social development. The
work of the Department is supported by the following entities:
Trans-Caledon Tunnel Authority (TCTA)
The Trans-Caledon Tunnel
Authority was established in 1986 to undertake certain tasks emanating from the
treaty on the Lesotho Highlands Water Project on behalf of the South African
government. The project aims to augment water supply to the Vaal system and to
generate hydroelectric power in Lesotho. The authority was directed by the
department to fund all costs incurred in the water delivery component of the
Lesotho Highlands Water Project, and to undertake financial risk management on
behalf of South Africa.
Water Research Commission (WRC)
The Water Research Commission’s
terms of reference are to promote co-ordination, communication and co-operation
in the field of water research, to establish water research needs and
priorities from a national perspective, to fund research on a priority basis,
and to promote the effective transfer, dissemination and application of
research findings. The Commission plays an important role in developing
high-level human resources in the sector. No grants are made to the Commission
as its work is funded by a levy on water users.
Catchment Management Agencies (Inkomati Catchment
Management Agency and Breede-Overberg Catchment Agency
Catchment
Management Agencies (CMAs) are established in terms of Chapter 7 of the
National Water Act, (Act No.36 of 1998) and are classified as Schedule 3A
public entities in terms of the Public Finance Management Act, (Act No. 1 of
1999) as amended. Catchment Management Agencies manage water resources at a
catchment level through continuous engagement with all stakeholders and devolve
decision making to the lowest level for the benefit of all water users within
their water management area. They ensure that water is used to support
equitable and sustainable social and economic transformation and development.
There
are currently two operational CMAs in the country, the Inkomati CMA (ICMA) and
the Breede-Overberg CMA (BOCMA) and they receive grant funding from the
Department.
The main reasons for establishing catchment
management agencies are to provide equitable access to water; achieve
sustainable use of water and to achieve efficient use of water. This was in line with the National Water Act
and the framework of the National Water Resources Strategy. This allowed the Department of Water to
delegate water resource management to the regional or catchment level and to
involve local communities.
12 Water Boards – Amatola, Bloem, Botshelo,
Bushbuckridge, Lepelle Northern, Magalies, Mhlathuze, Overberg, Pelladrift,
Rand, Sedibeng and Umgeni
The 12 water boards were
established as water service providers that report to the Minister of Water and
Environmental Affairs. These boards manage water services within their supply
areas, and supply potable water at cost-effective prices to municipalities.
Irrigation Boards and Water User Associations
In terms of sections 61 and 62 of the National Water
Act (36 of 1998), the policy framework for financial assistance to water
management institutions for irrigated agricultural development endeavours to
promote initial access to irrigated agriculture and to enhance sustainable
irrigation development by subsidizing emerging farmers.
Currently, all irrigation
boards are in the process of being transformed into water user associations to
fall under the ambit of the National Water Act. In 2003/04, additional funds
were allocated for writing off unrecoverable debts from some water user
associations.
Komati River Basin Water Authority (KOBWA)
The Komati Basin Water
Authority (KOBWA) is a bi-national company formed in 1993 through the treaty on
the Development and Utilization of the Water Resources of the Komati River
Basin signed in 1992 between the Kingdom of Swaziland and the Republic of South
Africa. The purpose of KOBWA is to implement Phase 1 of the Komati River Basin
Development Project. Phase 1(a) comprises the design, construction, operation
and maintenance of the Driekoppies Dam in South Africa and the Maguga Dam in
Swaziland (Phase 1b).
7. CONSTRAINTS IN UNDERTAKING
OVERSIGHT WORK OF THE PORTFOLIO COMMITTEE ON THE DEPARTMENTS AND ITS ENTITIES
DURING THE 4TH PARLIAMENT
Fixed agenda items
The Portfolio Committee
noted that certain Executive documents, according to the PFMA, as well as
National Treasury regulations, must be considered within a certain
timeframe. These entail the strategic
plans, annual performance plans, budget vote, policy, and legislation of
Departments and its entities. An
alignment of parliamentary programmes to those of mandatory oversight issues
should be reflected as a fixed agenda item on the parliamentary programme and
imperative that time is given to all committees to consider these issues.
One portfolio overseeing two large departments
The re-alignment of
departments, Department of Water Affairs and Department of Environmental
Affairs under one Ministry, has had implications for the work of the Portfolio
Committee on Water and Environmental Affairs. This has resulted in one
portfolio committee focusing on two different sectors, water and environment
with approximately 22 entities to oversee.
It is important for the committee to complete all the relevant annual
reports of the two departments and 22 entities. The above process also translated to the
committee’s interrogation of the budget vote and strategic plans of 2
departments; and analysis of transfers to 22 entities and strategic and
business plans of 22 entities. A number of pieces of legislation were reviewed
by the committee in the period under review, and this entailed time-consuming
deliberations of the members of this committee.
The public demand on
these two large departments in terms of service delivery is woefully huge and
complex. The oversight function of the
Portfolio Committee on Water and Environmental Affairs on these two departments
and their respective entities has increased, placing tremendous pressure,
within limited timeframes on substantively dealing with issues in either
sector. It is important for Parliament
to reconsider creating two separate Portfolio Committees – one dealing
exclusively with water and the other with environment.
Tagging of Bill
Whilst the Portfolio
Committee finalised and processed the National Environmental Management:
Protected Areas Bill, the tagging of the Bill as a Section 75 Bill posed a few
procedural concerns to the Portfolio Committee.
The Parliamentary Legal Advisers tagged the Bill as a Section 75 Bill,
but the Portfolio Committee disagreed and argued that the Bill should be tagged
as a Section 76 Bill. The argument used
by the Portfolio Committee is that the original NEM:PA Act was passed as a
Section 76 Bill, and it was considered incongruous for an Amendment Bill to be
classified as a Section 75 Bill, contrary to the Act which it relates to having
been tagged and passed as a Section 75 Bill.
The Bill was recommitted to the Portfolio Committee. The Joint Tagging
Mechanism made a ruling on the matter and retained the tagging of the Bill as a
Section 75 Bill.
International agreements and treaties
Agreements and
treaties referred to the Portfolio Committee during the 4th
Parliament raised important debates on the role and engagement of committees on
agreements at different stages of negotiations prior to them being tabled for
approval by Parliament. The thinking
behind the above is that if committees are fully informed at all stages of the
negotiating process when the Executive is considering agreements or treaties,
it is envisaged that valuable inputs from a diverse group of stakeholders,
representing a broad spectrum of citizenry, would give effect to the underlying
principles of democracy. Currently, the
practice leads either to an option of an agreement, which is approved with
concerns or reservations, or the more difficult route of parliamentary
committees withholding its approval, which may lead to a protracted process of
having to engage on agreements after the fact.
8. KEY CHALLENGES IN THE WATER AND ENVIRONMENTAL SECTORS
Whilst noting the reforms in
the water and environmental sectors, reports by the Department of Water Affairs
and the Department of Environmental Affairs, highlight the challenges
confronting the environment and water sectors in
South Africa. In its first ‘Environmental Performance Review of South Africa,
2013’, the Organisation for Economic Co-operation and Development (OECD)
praises South Africa’s progress made with reforms that improves the well-being
of South Africans and preserves its rich natural habitat, but like the
respective Departments, notes the challenges highlighted below. In further
aligning and strengthening the Departments’ plans, programmes and goals with
the priorities of Government initiative, the Departments will need to give
further consideration to the following issues.
Improving access to environmental services (water, sanitation, waste
management)
South
Africa has made good progress in improving access to environmental services
(water, sanitation, waste management). However, further investment is necessary
to continue this progress and improve access to, and quality of, services. A
key obstacle is the inadequate level and design of service charges, which do
not cover operational, and maintenance costs, let alone investment.
Uptake of funds for high-impact green
economy projects
A
number of incentive and funding mechanisms are in place to support private
sector investment in environmental infrastructure and the green economy. These
include the South African Green Fund, established in 2012 to provide catalytic
finance for high-impact green economy projects. However, the uptake of these
funds and their effectiveness in improving energy and resource use remain
unclear.
National Protected Areas Expansion
Strategy
The
government needs to ensure that sufficient resources are allocated to implement
the National Protected Areas Expansion Strategy cost-effectively, using a
combination of land purchase and stewardship agreements; ensure the rights and
interests of local communities are fully taken into account; and provide
additional support to local communities to enable them to develop competitive
biodiversity-related services and products.
Implementation of the national Spatial
Planning and Land-Use Management Act
The
government needs to ensure that the implementation of the national Spatial
Planning and Land-Use Management Act integrates development and physical
planning; establishes uniform procedures and coordination mechanisms for
spatial planning management at the provincial and local levels; and takes
adequate account of the interests of traditional rural communities.
Water resources management
South
Africa has adopted a modern, integrated approach to water resources
management. However, the institutional
barriers to its implementation have seriously limited policy effectiveness. Water resources management – a national
responsibility implemented through regional offices – is not adequately
integrated with the provision of water services, which is a municipal
responsibility. The second National
Resource Strategy provides an opportunity to address some key institutional
challenges in the water sector. A need exists to prioritise the establishment
of the water catchment management agencies in line with the second National
Water Strategy; and ensure they better integrate water resources management,
the provision of water services and land use through enhanced engagement of all
government and non-governmental stakeholders, including traditional
authorities.
Strengthening the environmental
Strategic Integrated Projects (SIPs)
As
part of the programme of stimulating the economy and creating jobs, government
has developed a programme of eighteen Strategic Integrated Projects (SIPs)
largely focused on infrastructure development. The majority, if not all, have
strong implications for water, requiring water availability for economic
development, or the availability of potable water. Therefore the protection of
water resources will be crucial. The Department must therefore ensure that the
water related elements of the projects are integrated into the project plans
and are effective. To enable the SIPs programme, the following issues have been
identified and must be addressed: review of water use rights, implementation of
water allocation reform, water build programmes and water pricing.
References of National Planning
Commission in relation to water
The
Department of Water, in addition to the SIPS, needs to take special cognisance
of the references of the National Planning Commission in relation to water to:
·
Invest in irrigation infrastructure,
including water storage, distribution and reticulation, and water saving
technology;
·
Manage and monitor water resources for growth
and sustainability;
·
Develop water re-use and desalination options
to meet local needs;
·
Assure water supplies by investment and
re-use;
·
Put in place water conservation and demand
management programmes; and
·
Ensure appropriate institutional arrangements
for water resources management.
Challenges at municipal level in
relation to delivery of water services
The
Department together with the Catchment Management Agencies (CMAs) and the Trans
Caledon Tunnel Authority (TCTA) are responsible for water resources, bulk water
services infrastructure and catchment or national water management while local
government has the constitutional obligation to provide water and sanitation
services within their area of jurisdiction. However, there are major challenges
at the municipal level in relation to the delivery of water services. These
challenges include poor maintenance and refurbishment of infrastructure
resulting in increasing interruptions in supply and high levels of unaccounted
for water; poor management of wastewater treatment works resulting in
deteriorating raw water quality in receiving water resources; slow delivery of
sanitation services, and unaffordable technology choices in some areas. The
challenges are further compounded by the inadequate cost recovery in the water
services sector.
Despite
the significant funding of water services through, inter alia, the
equitable share and the Municipal Infrastructure Grant (MIG), there is
considerable evidence that a very low proportion of the equitable share is
actually spent on water services. In addition, billing and cost recovery are
generally poor, with some areas in essence not being billed at all. As a
result, daily operations and especially longer term maintenance are
significantly underfunded. The result of poor
municipal water management increases the demand of water quantities whilst
decreasing raw water quality, both of which have major implications for water
resources management, with associated financial and regulatory implications.
The role of the Department
of Water Affairs and Water Boards
The
role of both the Department and Water Boards in supporting local government
with providing water services has been under the spotlight, and must be
enhanced in the coming years.
Intergovernmental co-ordination remains a significant challenge, as is
seen through the lack of integration of water into/with other sector plans, and
through poor co-ordination between departments. Water use licensing to support
sustainable social and economic development is also a critical challenge.
9.
KEY AREAS FOR FUTURE WORK IN THE WATER AND ENVIRONMENTAL SECTORS
9.1 Water sector –
Department of Water Affairs and their Entities
Planned policy initiatives for the 2013/14
to 2017/18 period
The planned policy initiatives over the period to align the
Department’s focus on job creation, compliance, improved infrastructure
development in water, as well as ensuring equitable access to water over the
medium-term are as follows:
Review of the water-related legislation
The Department is reviewing the National Water Act, 1998 (Act 36
of 1998), the Water Services Act, 1997 (Act No 108 of 1997) and the Water
Research Act, 1971 (Act No 34 of 1971). While the National Water Act provides a
legal framework for the progressive realisation of the right to access to
sufficient water, the act is under review to ensure that there is equity in the
allocation of water, to improve water resources management and to streamline
the regulatory processes. The Water Services Act is being reviewed to improve
provision of water services to ensure alignment with the provisions of the
Municipal Systems Act, 2000 (Act No. 32 of 2000) and the Municipal Finance
Management Act, 2003 (Act No. 56 of 2003). The Water Research Act is under
review to improve the governance of the Strategic Plan: 2013/14 to 2017/18
Water Research Commission and to align the act with all other applicable
legislation.
Implementation of the second National
Water Resource Strategy, 2013
The Department is in the process of implementing the second
National Water Resource Strategy. This initiative provides an opportunity to
ensure that water is at the centre of planning and that it supports the broad
national economic and social development goals through the Water for Growth and
Development (WfGD) framework without compromising the long-term sustainability
of water resources.
Revision of the water pricing strategy
The Water Pricing Strategy sets out the government’s approach to
pricing raw water. It provides, in principle, for full cost pricing for
non-agriculture water users, including depreciation and a return on assets
(ROA). In practice, annual price increases have been capped and hence prices
are below full cost for most agricultural water schemes and some schemes
dedicated to industrial and domestic supply. The review of this strategy seeks
to improve the financial viability of government’s bulk raw water business to
ensure that this scarce resource is valued by all citizens.
Development of the funding model
The purpose of the development of the funding model is to
determine the variety of financing mechanisms or models adopted in South Africa
and internationally to fund infrastructure. The project will look at the principles
of infrastructure funding and financing and help to identify the lessons learnt
that can shape future investment decisions in the South African water sector.
Apart from identifying key success factors, the review is also expected to
explore innovative and off-budget financing mechanisms, in order to consider
their suitability for the South African water sector.
Development of an economic regulator
This project explores international practice in economic
regulation in the water sector, as well as economic regulation in other sectors
in South Africa, in order to support the development of an economic regulator
for the water sector in South Africa. The project will look into an economic
regulator that regulates the entire water value chain. It will outline the
functions and identify gaps in the current legislative framework for regulating
the water sector. This will lead to the establishment of an effective economic
regulator.
Institutional Reform and Realignment
The Department has initiated the
Institutional Reform and Re-alignment project with the aim of enhancing
institutional readiness to fast-track service delivery and handle water
challenges and management of water resources both at present and in the future.
The Institutional Reform and
Realignment Process was finalised in the course of the work of the 4th
Parliament and one of the key issues that emerged was the process of
consolidating water boards from 12 to 9.
The consolidation of water boards is well underway which will extend
gazetted areas of these water boards and expand their functions. The
institutional framework to improve water resource management is another
initiative, which commits to the establishment of nine (9) catchment management
areas within three years and to formalise the nine regional entities to provide
regional bulk infrastructure and to support municipalities on bulk water
provision. The process to establish nine
(9) catchment management areas is also progressing smoothly and will be
instrumental in managing water resource management into the future.
Challenges relating
to Acid Mine Drainage
Good progress was made with the progress to the challenge of acid mine
drainage in the Witwatersrand area.
Since the inception of the Inter Ministerial Committee on Acid Mine
Drainage, the immediate solution in the Western Basin was completed and
commissioned in June 2012, and the uncontrolled decant of Acid Mine Drainage in
the Western Basin effectively stopped in August 2012. The Department is currently busy with the
construction of a pump station and a new water treatment plant in the Central
Basin and is on target to ensure that pumping commences before the
Environmental Critical Level is breached.
Monitoring of the
Municipal Water Infrastructure Grant
The Municipal Water Infrastructure Grant
(MWIG) was set up to assist Water Services Authorities to provide water supply
services to consumers currently without services, particularly in rural
areas. The purpose is to facilitate the
planning, acceleration and implementation of various projects that would ensure
water supply to communities as not receiving a basic water supply service. The outcomes for increased household access
to water supply was enabled through interim, and/or intermediate and/or
refurbishing and/or upgrading of existing infrastructure to communities
identified as not receiving a basic water supply service, reduction in water
losses and non-revenue water, and access to water supply which was implemented
in an appropriate and sustainable manner and which culminated in effective
asset management.
The conditions for MWIG are that all
conditional grants have frameworks that specify conditions and responsibilities
for the grant. If these conditions were
not met, the Department could withhold or stop the transfer of funds, giving
them powerful tools to ensure the successful implementation of the grant. All receiving municipalities would be
required to conclude formal agreements with the Department prior to
implementation of the project(s).
Projects were to be identified by municipalities and must form part of
the Integrated Development Plan (IDP) and Water Services Development Plan
(WSDP) of the relevant municipality. A
technical team comprising the Department of Water Affairs, Department of
Cooperative Government and Traditional Affairs, water boards, water services
authorities and MISA must approve all designs and interventions of any project
to be funded where the cost of the project was in excess of R20 million.
9.2 Environmental
sector – Department of Environmental Affairs and their Entities
Planned policy initiatives for the
2013/14 to 2017/18 period
To
promote, facilitate and lead cooperative environmental governance to support
the transition to environmentally sustainable development across all spheres of
government, this requires the Department to over the next five years, not only
to efficiently, transparently and accountably govern its infrastructure,
financial and human resources, but also to: promote environmental education,
awareness and communication, provide strategic, evidence-based spatially
referenced and policy relevant research and information for environmental and
sustainable development decision-making at all levels; facilitate the
mainstreaming of sustainable development and environmental objectives into
planning instruments at national, provincial and local government levels;
facilitate and support South Africa’s transition to a sustainable, low carbon
green economy, through the National Green Fund and the Department’s EPWP Environmental
Programmes. These overarching strategic goals, outcomes focus and priorities
inform the strategic overview, planned policies and implementation approach of
departmental programmes over the next five years, as follows:
Legal, authorisation and compliance
enforcement
The
Department has, according to its constitutional and legislative mandate have a
regulatory role to protect and enhance the productivity, quality and safety of
the environment. To achieve this, the
Department seeks to promote compliance with environmental legislation and to
decisively act against deliberate transgressors. Although the Department has noted an increase
in voluntary compliance with environmental legislation by industry, the Department
will encourage this trend over the next five years. The Department will
continue to promote and increase the capacity and skills of the environmental
management inspectorate operating at local, provincial and national levels and
in collaboration with other security and justice agencies. In order to enhance environmentally
responsible and sustainable land and infrastructure development, the Department
will ensure the development and implementation of instruments to improve the
efficiency and effectiveness of environmental impact management system across
the country. This effort will include,
firstly, the development of zoning and risk management tools (such as Strategic
Environmental Management Frameworks (EMFs) and Strategic Environmental
Assessments (SEAs). Secondly, to
integrate these instruments into the country’s development planning and
authorisation system, where appropriate through legislation. Immediate priorities are critical development
areas and sectors experiencing increasing development pressures, such as for
the high volume of renewable energy development applications made in terms of
the IRP and the energy Strategic Infrastructure Programme (SIP).
Oceans and coasts
Marine and coastal environmental national
assets provide and sustain a wide range of economic, social and ecological
services that are a foundation for the livelihoods of millions of South
Africans, which not only underpin national and international transport, mining,
coastal tourism and fisheries industries but also are vital component of the
climate system as a Carbon sink and global temperature controller. As such,
climate change related issues such as ocean fertilisation/ pollution, ocean
acidification, sea level rise and related storm surges have profound impacts on
coastal infrastructure, development opportunities and the livelihoods of
coastal communities.
The policy and regulatory framework to
facilitate sustainable coastal development and conservation is outlined in the
Integrated Coastal Management Act (2009) which enables the Department to focus
on the formulation of coastal management strategies, spatial development and
management plans, norms and regulations that guide sustainable development,
land based pollution control/ management, oil spill response and conservation
programmes in collaboration with National, provincial and Local Authorities.
However, the policy and regulatory
framework guiding sustainable development, conservation and management of ocean
environmental resources and assets has not yet been completed and the
development of an ocean environmental management strategy and regime is the
immediate focus of the Department based on scientific evidence and research to
be conducted in Antarctica, Prince Edward Islands and in the Indian, Atlantic
and Southern Oceans.
Climate
change and Air Quality Management
It is estimated that air pollution costs
the public health system over 3 billion Rand to address air quality related
respiratory infections each year and this pollution includes Green House Gas
(GHG) emissions which are the cause of human induced global warming and climate
change. Climate change is one of the greatest challenges of this century and
impacts on global environmental, social and economic systems as it threatens to
undermine South Africa’s past development gains as well as its future
potential.
Addressing air pollution emissions has
significant climate change mitigation benefits and in terms of the Air Quality
Management Act the medium term focus of the department is to develop and
facilitate the implementation of a regulatory framework to improve and monitor
ambient air quality through licensing, priority area management plans, a
vehicle emission strategy and related implementation tools. As part of the
monitoring and evaluation of this air quality regulatory framework, the South
African Air Quality Information System will also collate data on the emissions
of GHG’s contributing to the monitoring of the country’s efforts to address
climate change.
The National Climate Change Response White
Paper guides immediate and long term action to adapt to the already measurable
impacts of climate change and to reduce GHG emissions. The medium term
priorities are to develop and facilitate the implementation of a climate change
adaptation and mitigation regulatory framework, which enables the transition of
the economy to a climate resilient, low carbon, job creating growth path
through clear sector based objectives, market, non-market and fiscal incentive
and disincentive instruments, sector implementation plans and a comprehensive
monitoring and evaluation system.
Biodiversity
and Conservation
South Africa’s is rich in species,
ecosystems and natural heritage which form the very foundation of our economy
and society, providing eco-system services such as food security, clean and
secure water provision, flood attenuation, biomass energy and building material
as well as a resource base for the sustainable development and growth of the
tourism, bio-technology, pharmaceutical, bioenergy, agriculture, forestry,
fisheries and indigenous knowledge based sectors of the economy.
Therefore, the department is mandated to
ensure the equitable and sustainable use, conservation, management and, where
necessary, the restoration of this resource base as well as to mitigate threats
to them as a basis for sustainable and inclusive socio-economic development. In
this regard, the department’s medium term focus is firstly, on implementing the
protected areas expansion strategy to ensure that all critical and endangered
biodiversity, ecosystems and natural heritage areas are represented in the
conservation and heritage estate; and secondly, the development and
implementation of policies and management plans to effectively manage and
attract investment into this estate, particularly investment in infrastructure for
trans-frontier and community based conservation areas to support sustainable
economic development.. Thirdly, the department will further develop and
facilitate the implementation of a regulatory system for the protection of
indigenous biodiversity and ecosystems from unscrupulous exploitation and other
threats (such as the invasion by alien species) in order to secure the resource
base for the sustainable development of the bio-economy and protection of local
indigenous knowledge, including through regulatory control of the sustainable
use based bio-prospecting, alien invasive species, hunting, threatened species
and biodiversity trading sectors of bio-economy.
Environmental
Programmes (Employment creation)
In all 12 priority government outcomes,
job creation features as a priority output. In the context of this imperative
and the constitutional mandate to ensure safe, healthy and sustainably managed
environment which provides critical eco-system services as a foundation for
economic and social development, the department aims to facilitate a transition
to an environmentally sustainable, job creating and low carbon green
development pathway, with a particular focus on the contribution of the
environment sector. Unsustainable production, consumption, land use practices, alien species invasions and the impacts of climate change result in degraded land and ecosystem
productivity and threatens both current future development opportunity. The
departmental mandate to sustainably manage, restore and maintain degraded
ecosystems and their associated ecosystem services presents an opportunity to
contribute significantly to job creation, social inclusion and the low carbon
green economy through environmental Expanded Public Works Programme (EPWP) and
through the National Green Fund aimed at catalysing scaled up investment in
climate resilient, low carbon sustainable development. Over the medium term the
department will focus on developing job creation, sustainable development and
climate friendly co-benefits through the National Green Fund catalysing
investment flows into Green Economy Programmes as well as further developing
its Working for Waste, Land Restoration and Working for Energy EPWP programmes
and intensifying existing invasive alien plants, wild fires, wetlands, land and
forest degradation, river health; coastal and parks programmes, particularly
exploiting the potential creation of value-added industries.
Chemicals and
Waste Management
This environmental sub-sector is extremely
under-capacitated, particularly in Municipalities resulting in poor waste and
chemicals management which has serious impacts on the well-being and health of
South Africans. The priorities over the medium term in this area are to improve
the provision of quality waste management to services across the country with
clear environmental health benefits for communities which previously had no
access to waste management services and with significant job creation potential
throughout the waste management hierarchy, including waste minimisation,
recycling, transport, storage and disposal as well as developing new industries
based on specific waste streams, such as tyres, health risk and hazardous
chemical waste. These benefits will be achieved through the formulation and
facilitating the implementation and enforcement of strategies, norms, standards
and regulations to fully give effect to the national Environmental Management:
Waste Act (2008) and building capacities, particularly at local government
level.
10. RECOMMENDATIONS
Parliamentary coordination of programme to set agenda items
An alignment of
parliamentary programmes to those of mandatory oversight issues should be
reflected as a fixed agenda item on the parliamentary programme and imperative
that time is given to all committees to consider these issues.
Minutes of the Portfolio Committee
The Portfolio
Committee is of the opinion that the good governance practice of passing
minutes of the Portfolio Committee in the week after is preferable and should
diligently be pursued by the incoming Portfolio Committee.
Legislation/International Agreements
A number of
Parliaments worldwide are either at the stage of operationalising, working
toward or debating their modus operandi
to position themselves more advantageously to tackle the international
agenda. With a few exceptions,
Parliaments have an important constitutional role to play in relation to the
ratification/accession/signing of different international agreements or
treaties. Currently, most Parliaments
have a major role in overseeing the implementation of international agreements
and treaties. As a proposed resolution,
the Portfolio Committee suggested that the Parliament of the Republic of South
Africa be fully informed at all stages of the negotiation and conclusion of
international agreements. This would
increase the chances that Parliaments would approve a negotiated agreement to
allow for a more predictable procedure and to reduce the chances of failing to
conclude international agreements when negotiations had already been concluded
Prioritise constituency issues as key component in the programme
The Portfolio Committee recommends that
Parliament should create a space in committee programmes to prioritise
constituency issues.
The
effective use of the Budgetary Review and Recommendation Process by Portfolio
Committees
Section 5 of the Money Bills Amendment
Procedure and Related Matters Act, No 9 of 2009 provides that the National
Assembly, through its committees, must annually assess the performance of each
department and annually submit Budgetary Review and Recommendation Report
(BRRR) for tabling in the National Assembly.
The BRRR is thereafter submitted to the Finance Minister and Cabinet
Member of a Vote. It is therefore
critical that Parliament, through its committees strengthen this process by
ensuring the effective working of the Budget Office to proactively influence
and inform budget votes.
General Recommendation
As an overarching
recommendation which could apply to all committees in Parliament, the Portfolio
Committee suggests that Parliament:
·
Thematically approach the issue of management
of the legislative and oversight programme by using the following broad
concepts to ascertain the impact of programmes, policies, legislation and
implementation – macroeconomics and social policy, democratisation and social
policy, health care: global and local
dynamics and policy responses, and gender and social policy;
·
Provide forums by which committees engage
jointly on drafting out programmes, which will assess government’s progress of
the above themes;
·
Monitor committee programmes to evaluate the
extent to which cross referencing departmental programmes, policies, strategic
plans, budgets are aligned to the broader imperatives set out in the priorities
of the Executive; and
·
Undertake a legislative and policy needs
assessment: a legislative and policy
needs assessment is a comprehensive statement of the needs of a legislature,
and should suggest programme options designed to help the legislature better
perform its representation, lawmaking and oversight functions.
References
Department of Water Affairs, Strategic Plans and Budget
Votes for the fiscal years 2009 to 2014
Department of Environmental Affairs, Strategic Plans and
Budget Votes for the fiscal years 2009 to 2014
Parliament of the Republic of South Africa, Reports and
Minutes of the Portfolio Committee on Water and Environmental Affairs for the
2009 to 2013 period
Organisation for Economic Co-operation and Development,
Environmental Performance Reviews, South Africa, 2013