Questions and Replies

Reply:

a)  The Department of Water and Sanitation (the Department) works together with the Department of Cooperative Governance and Traditional Affairs (COGTA) and the South African Local Government Association (SALGA) to ensure that municipalities receive the necessary support and grant funding to refurbish and maintain water and sanitation assets. Water Service Authorities (WSAs), through their Municipal Infrastructure Grant (MIG), allocate funding for refurbishment of some of Wastewater Treatment Works (WWTW). Depending on availability of funds, the Department also funds WWTW refurbishment and upgrade projects that meet the criteria of the Regional Bulk Infrastructure Grant (RBIG) and Water Services Infrastructure Grant (WSIG).

b) The Department ensures protection of water resources, which can be achieved by initiating rectification measures against the identified non-complaint water users and polluters. When municipalities fail in their mandate to ensure compliance in terms of wastewater and effluent spillages, various legal frameworks can be initiated to address the contraventions.

In instances where a water user fails to comply with any of the license conditions, the Department first exercises administrative enforcement actions in the form of Notices and Directives in accordance with the National Water Act. This is meant to afford the water users an opportunity to rectify non-compliances within certain timeframes.

When users are non-responsive, the Department proceeds with either or both criminal and civil enforcement actions. Criminal sanctions can also be instituted against the municipalities guided by Criminal Procedure Act on violations related to wastewater and effluent spillages. Section 151 of the National Water Act provides legal basis for laying of criminal charges against the municipalities that are intentionally or negligently pollute water resources or engage in unlawful water usage. Offenses under Section 151 of the National Water Act can be used to address pollution of water resources, making it a criminal offense to discharge pollutants into water resources without the necessary authorisation.

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Reply:

a) Lady Frere (known as Cacadu) is supplied by the Machubeni Water Supply Scheme through the Macubeni Water Treatment Works (WTW). The water interruptions currently experienced are caused by ongoing power/electrical outages that resulting in reduced pumping hours from Machubeni WTW. The short-term interventions in place to ensure water availability include:

• On-going water carting to the affected areas including Cacadu town.
• A backup diesel generator at the WTW
• A long-term intervention to resolve the water supply challenges at Lady Frere is through construction of a bulk pipeline from the Lubisi Water Treatment to supplement water supply to the supply Cacadu town and the surrounding villages. The project started in March 2019 and is planned for completion by 31 August 2023.

The Ngqushwa Local Municipality has an existing Bulk Water Supply Scheme that is managed by Amatola Water which distributes water to the communities of Ngqushwa. The limited capacity of the Peddie Water Treatment Works (WTW), water losses and with loadshedding impact negatively on reliable water supply. Two water tankers are currently carting water to the affected areas of Ngqushwa and surrounding villages as an interim measure to ensure water availability. The medium to long-term interventions include:

• Management of water losses by replacing sections of pipelines from the Peddie Water Treatment Works towards Lover’s Twist through the Municipal Infrastructure Grant. The project is in progress and is planned for completion by 31 July 2023.
• An upgrade of the Peddie Water Treatment Works from 6Ml/day to 11Ml/day
• Upgrade of the Sandile Water Treatment Works from 17Ml/day to 27Ml/day to augment water supply to Ngqushwa. The project is in progress and is planned for completion by 31 August 2023

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Reply:

The intensity of the flood conditions has necessitated a review of the operating rules for government water schemes to ensure that there is some level of attenuation in the impoundment areas of large dams. Cognisance is taken of the changes in weather patterns caused by climate change. The department is putting in place flood mitigation operation strategies to ensure readiness to mitigate the impact of floods in the large dams and other government schemes. Notwithstanding the efforts of the department, there will still be risks where extreme weather conditions result into peak surface runoff over concentrated areas, since this could result in flood conditions within a very short period.

a) In urban areas, it will be required from municipal town planning units to review stormwater conveyance capability as well as to maintain such systems to reduce the impact of such rainfall.

b) The Department’s Water Resource Planning unit is collecting information which will assist with the review of operating rules to further mitigate the risk associated with flood related peak flows.

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Reply:

1. The DWS has no records of water use registration nor authorisation for the properties in question.

2. The DWS has no records of water use registration nor authorisation for the property in question.

3. The DWS has no records of water use registration nor authorisation for the properties in question.

The department will investigate whether there is unlawful use of water at the properties enquired about.

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Reply:

a) The DWS is participating in nationwide discussions to find sector wide solutions to the impact of loadshedding on delivery of water and sanitation services. This challenge requires collaboration with municipalities, water boards and ESKOM, among other institutions. DWS proposed recommendations for consideration are as follows.

1. Water Boards and municipalities should maximize water treatment while electricity is available.
2. Water Boards and municipalities should revise the minimum operational levels for their reservoirs to increase storage capacity.
3. Water Boards and municipalities should endeavour to increase their water treatment and reservoir storage capacity to enable them to better manage periods of load shedding. Households should be encouraged to install their own storage capacity, such as rainwater catchment tanks.
4. All municipalities and Water Boards should either apply to Eskom for exemptions from load shedding (where they obtain electricity directly from Eskom) or work with their municipal electricity departments to isolate their water and sanitation infrastructure. In some cases, where water and sanitation infrastructure cannot be isolated from local electricity grids, it may not be possible. In some instances, making this effective might require additional switching and cabling to limit the size of affected electrical supply zones. Where Eskom directly supplies a strategic installation (such as a major Water Board pump station) it may be necessary for Eskom to limit the electricity supply zone area so as not to impede their load shedding options.
5. Municipalities which are water service authorities should develop integrated response plans to keep water flowing during load shedding. These response plans should be integrated across the water and sanitation, electricity, and other divisions of the municipality.
6. Eskom should quickly review its processes for dealing with requests for exemptions from load shedding for water and sanitation infrastructure, with a view to making them more simple and quicker.

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Reply:

a) The Department of Water and Sanitation (DWS) has issued 83 directives from January 2021 to date against municipalities that have failed to manage sewage and causing pollution.

b) (i) The table below depicts a breakdown of the directives issued per province.

ii) The consequences of DWS’ enforcement actions are indicated below:

• Five criminal charges laid against municipalities because of non-compliance with the Directives issued.
• Two criminal charges were laid and finalised against Randfontein and Thaba Chweu Local Municipality whereby both municipalities pleaded guilty of all the charges. Both municipalities were subsequently fined by the courts for failure to adhere to the provisions of NWA, among other violations.
• Three cases were referred to National Prosecuting Authority for a decision. The Department has initiated three court interdict applications against the non-compliant municipalities, seeking Court Orders from the courts.

(iii) The DWS conducted 49 follow-up inspections whereby compliance with the provisions of the Notices and Directives is established.

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Reply:

The Giyani Water Project comprises of three different but interlinked projects namely Nandoni-Nsami Pipeline (Giyani Water Project); Giyani Water Services (reticulation to reservoirs) and Reticulation to 55 villages.

The overall progress for the Nandoni-Nsami Pipeline (Giyani Water) Project is 72%. The 40 km pipeline has been completed. The remaining work includes permanent river crossings, chambers, and pressure testing. Water is being pumped from the Nandoni Dam to the canal at Xixukwana and gravitates to the balancing dam at the Nsami Water Treatment Works. Practical completion for Nandoni to Nsami pipeline was achieved on 05 April 2023. The final completion is anticipated for 30 June 2023.

The overall progress for the Giyani Water Services (reticulation to reservoirs) Project is at 60% with 300km of the 325km pipeline installed. Of the 66 planned connections to the reservoirs, 20 (30,3%) have been completed and are supplying bulk water to the community. However, water is currently supplied on rationing basis due to reduced capacity at Nsami WTW. This is being addressed through refurbishment project for the WTW which is currently under construction. Completion of the project is planned for December 2023.

The Giyani reticulation programme was initiated to complete the water service value chain (source to tap) in August 2022. The reticulation program extends the supply from bulk pipelines to households. The reticulation project will be implemented in two phases.

• Phase 1 for reticulation to 24 villages has commenced. A total of 24 out of 37 contractors have been appointed and are at varying stages of implementation phase. The duration of each contract is for 12 months per village.
• Phase 2 for reticulation to 31 villages is planned for commencement and completion in the 2024/25 financial year.

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Reply:

The Mopani District Municipality has the responsibility of developing and maintaining water and sanitation services infrastructure within its area of jurisdiction as a Water Service Authority (WSA). The Department of Water and Sanitation is supporting the Municipality through various programmes to ensure infrastructure is developed for the efficient provision of water services to communities. This support is provided through the Regional Bulk Infrastructure Grant (RBIG) and Water Services Infrastructure Grant (WSIG) for groundwater development (drilling, equipping and distribution) to augment water supply to communities in Mopani DM.

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Reply:

The Giyani Water Treatment Works (WTW) was upgraded by the Mopani District Municipality (DM) through the Municipal Infrastructure Grant (MIG) funding administered by the Department of Cooperative Governance and Traditional Affairs (COGTA). That component of the WTW functioned briefly after completion but was subsequently shut down due to structural defects at the pump station. The Mopani DM is handling the matter internally to in terms of applying consequence management against responsible parties that were involved in the project.

During the 2022/23 financial year, the Department approved business plans and provided funding through Water Services Infrastructure Grant (WSIG) to address the capacity constraints at the Giyani WTW. The project is implemented in two phases as follows:

• Phase 1 includes, refurbishment of the existing 30Ml/d WTW to restore its capacity to provide water to the 55 villages.
• Phase 2 includes upgrade of the WTW with additional 10Ml/d to meet the current and future water demands in Giyani. This will include refurbishment and upgrade of some components of the failed 6,5Ml/d WTW.

Implementation of Phase 1 is underway with overall progress at 13%. It is anticipated that the project will be completed by December 2023. Phase 2 is being planned and will be funded through the Regional Bulk Infrastructure Grant (RBIG). The implementation of this project is planned to commence in April 2024.

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Reply:

The reliability of municipal water and sanitation services is generally deteriorating, evidenced by the Green Drop and Blue Drop assessments. To mitigate the total collapse of services/infrastructure, the Department of Water and Sanitation (DWS) is strengthening its regulatory role over municipal water and sanitation services.

During this financial year we will be consulting on updated and more comprehensive norms and standards for water and sanitation services, in terms of the Water Services Act. We will also publish a National Regulatory Dashboard showing the extent of compliance with the national norms and standards for water services for all Water Service Authorities, drawing on existing monitoring information. We are also in the process of introducing standardised regulatory enforcement protocols to be implemented by all our regional offices, to make our regulatory actions more consistent.

One of the underlying causes of the decline in municipal water services, both in terms of the reliability of service delivery and in terms of financial sustainability, is the non-implementation of certain key requirements of the Water Services Act by municipalities. The Act distinguishes between Water Services Authorities and Water Service Providers and requires municipalities to separately manage and account for the roles of Water Services Authority and Water Services Provider. It further requires Water Services Authorities to ensure that Water Service Providers provide access to efficient and sustainable water services to everyone. Almost all Water Service Authorities have been failing to do this.

To address this, we are considering introducing some amendments to the Water Services Act, with the aim of further clarifying the roles, responsibilities and functions of Water Services Authorities and Water Services Providers; setting minimum standards for the functioning of Water Services Providers which must be enforced by Water Services Authorities; and providing the Minister with powers to regulate these matters. We will be consulting on these proposed amendments with a view to taking them through the cluster system to Cabinet during this financial year.

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Reply:

There has been sporadic water supply especially in the high lying areas such as the Rampodi and Thabeng sections in the Motlhabe Village due to increased demand, unauthorised household connections in the area and ongoing loadshedding.

In the short-term, the Moses Kotane Local Municipality (LM) has made funds available for drilling and equipping of additional boreholes to augment the current water supply. It is envisaged that this work will be completed by end of June 2023. The municipality is providing water through water tankers in the affected areas, whilst exploring medium to long term interventions.

In addition, the municipality has resolved that all unauthorised household connections should be formalised and metered to ensure sustainability of water supply as most of these connections are on the main pipeline supplying the village.

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Reply:

(1) Details of grant funding paid to the Uthukela District Municipality in KwaZulu Natal from 1 July 2016 to 31 January 2023 provided in table below:

(c) Conditions attached to each payment:

• RBIG condition: Funds are to be used for implementation of the Driefontein Bulk Water Project
• WSIG condition: Funds are to be used to implement projects approved by the Department of Water and Sanitation

(2) Yes, funds were expended in terms of the conditions imposed and for the purposes prescribed in terms of the grant frameworks gazetted every year. The details of the conditions are mentioned in 1(c) above. With regards to the purpose, the details are as follows:

RBIG:

• To develop large regional bulk infrastructure serving numerous communities over a large area within a municipality.

WSIG:

• Facilitate the planning and implementation of various water and sanitation projects to accelerate backlog reduction and enhance the sustainability of services;
• Provide basic and intermittent water and sanitation supply that ensures provision of services to identified and prioritised communities, including spring protection and groundwater development;
• To implement water conservation and water demand management projects.

(3) No funds were paid to the municipality for the payment of outstanding debt with Umgeni Water. The RBIG funds were used for implementation of the Driefontein Bulk Water Project. The WSIG funds were used for implementation of projects approved by the Department of Water and Sanitation. The projects that were implemented with the WSIG funds are as follows:

1. Ezakheni/ Ladysmith Water Conservation and Demand Management (Lombardskop)
2. Mimosadale Water Project
3. Indaka & Okhahlamba Boreholes
4. Wembezi Water Conservation and Demand Management
5. Imbabazane ward 7 sanitation
6. Kwanobamba/Ezitendeni Water Supply Project (phase 1F)
7. Wembezi Water Conservation and Demand Management
8. Ezakheni/ Ladysmith Water Conservation and Demand Management
9. Reticulation to Ennersdale , Epangweni and Bhekuzulu
10. Estcourt Industrial Pipeline Upgrade
11. Moyeni/Zwelisha Water Treatment Works Upgrade and Bulk Rising Main
12. Spring Protection District Wide
13. Ladysmith Network Pipeline Replacement
14. Loskop (Mqedandaba) Water Reticulation Phase 1

(4) None of the RBIG and WSIG funds were paid to Umgeni Water by the municipality.

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Reply:

a)  The total cost of the partially achieved Vaal River Intervention Programme since its inception is as follows:

b) The projected cost for the entire intervention has been estimated at a value of R7.6 billion.

Reply:

The Victor Khanye Local Municipality is supported by the Department of Water and Sanitation (DWS) through the Water Services Infrastructure Grant (WSIG) to implement Water Conservation and Water Demand Management (WCWDM) projects to reduce non-revenue water.

The DWS approved funding of R68 million over a period of three financial years (2022/2023 -2024/2025) to be allocated to the municipality for the WCWDM projects. The intended outcomes are:

• To reduce water losses in Botleng Ext. 3 to 7
• Ensure that water is supplied to Botleng Ext. 3 to 7 through the reconfiguration of existing pipelines and installation of new pipelines to address the intermittent water supply
• Ensure installation of water meter in every household
• Management of different water pressure in the water supply systems in Botleng Ext. 3 to 7
• Raise awareness on water conservation.

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Reply:

Gauteng has been experiencing water shortages in recent weeks. Water supply interruptions have largely been a function of unstable electricity supply as well as incidents of vandalism. Rand Water has always maintained that their infrastructure capacity is sufficient to meet the current real demand. Nevertheless, Rand Water has ringfenced R42 billion to rehabilitate and augment their infrastructure. Rand Water has sufficient funding headroom to fund this programme and does not require additional government funding yet.

The improvement of supply is being ensured through engagements with Eskom and other electricity suppliers. To this extent, Rand Water is also implementing their own strategies towards an energy mix approach which includes hydropower generation, photovoltaic and installation of generators to mitigate the risk of energy supply. These initiatives are all underway and being implemented.

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Reply:

a)  The Department through the Bucket Eradication Programme implemented 5 projects in David Kruiper Local Municipality from 2013 to 2017. These include

b) Several areas or settlements are being formalised which still use the bucket toilet system and are considered “new” buckets. These cases occurred after the implementation of interventions aimed at reaching the target set in 2015, hence they have not yet been addressed.

c) The Department has noted the moving target however, an implementation plan will be developed to attend to the remaining bucket toilets including the required bulk services necessary for planning and budgeting purposes.

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Reply:

The Mbashe Local Municipality is supported by the Department of Water and Sanitation through the Water Services Infrastructure Grant (WSIG) and is implementing two water augmentation projects over a three-year period to address water supply challenges in the municipality. The table below provides details of the projects:

The Xhora and Sundwana Bulk Water Schemes (BWS) currently being implemented by the Amathole District Municipality funded by DWS through the Regional Bulk Infrastructure Grant (RBIG). The Sundwana Bulk Water Scheme is at an advanced stage of planning which is expected to be concluded in 2023/2024; whilst commencement of construction is planned for 2024/2025. Construction on the Xhora BWS which includes a dam, Wastewater Treatment Works, reservoirs, and bulk pipelines has been completed. Construction for additional pipelines and reservoirs is at 61% and planned for completion in September 2023. The summarised details for both projects are indicated in the table below.

Areas affected by outages due to the electricity crisis are provided with water through water tankering. There are ongoing discussions between the municipality and Eskom for the exemption of water infrastructure from loadshedding.

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Reply:

a) As a response to the specific skills shortage challenge affecting both the Department and the national water sector, the Department of Water and Sanitation (DWS) established the Learning Academy in 2007 which is a technical and scarce skills development programme. It represents an investment in sustaining quality in DWS entry level human resources, thereby ensuring that in the long term, the DWS will remain competitive and be able to deliver on its mandate.The Learning Academy is designed to meet specific organisational requirements, lead a sustained campaign to secure a steady supply of high-level skills in water-related science, engineering, and technical disciplines in order to meet projected demands within DWS and the water sector as a whole.

The Learning Academy responds to the imperatives mentioned with a dual focus by addressing both the academic and professional development components that will provide aspiring engineers, scientists and technicians with the opportunity to be exposed to real-time professional experiences and valuable work experience in order for them to register with relevant professional bodies such as the Engineering Council of South Africa (ECSA), the South African Council for Natural Science Professions (SACNSP) and the Geomatics Council for Surveyors (ex PLATO).

The Learning Academy has signed Memoranda of Understanding (MoUs) with strategically selected Institutions of Higher Learning. The Institutions of Higher Learning serve as administrators of the bursaries and administer the funds on behalf of DWS. As the bursary scheme feeds the Professional Development Component, bursaries are granted pre-graduate to post-graduate levels within a wide variety of scarce, critical and technical skills that can address the needs of DWS and the water sector. The DWS has allocated 1050 comprehensive bursaries to deserving students since 2007.

The Work Integrated Learners are defined in the context of the Learning Academy as individuals who must successfully undertake a period of Experiential Training in order to obtain their academic qualifications. There are 358 Work Integrated Learners that have completed the work since 2007.

The Professional Development Component deals with the development of Graduate Trainees. The Graduate Trainees are predominantly bursars of DWS who, on completion of their qualifications, are appointed and placed in the workplace for a minimum period of four years, where they are exposed to real-time service delivery aspects, skills development and Departmental projects (on-the-job training) under the guidance of a mentor. The trainees are thus guaranteed practical, instructional and hands-on experiences which will allow them to acquire relevant professional knowledge and skills and attain formal professional registration and recognition through the Engineering Council of South Africa (ECSA), the Geomatic Council or the South African Council for Natural Science Professionals (SACNASP). All Learner Interns and Graduate Interns are appointed as per Directive on Developmental Programme in the Public Service (18 May 2018). In total the Learning Academy has contracted 855 Graduate Interns since April 2007.

b) With regard to the integration of young and established professionals in the water sector, the Water Institute of South Africa (WISA) has an established board of Young Water Professionals that have created a community of Young Water Professionals all over South Africa. The Department has recently established a branch for Young Water Professionals to integrate our newly registered Young Water Professionals into this community and by doing this, empowering them with the latest and best information in the Sector.

In addition to this, the Department has signed a Memorandum of Agreement with Wetskills (a Netherland organisation) which will give South African Young Water Professionals the opportunity to participate in international competitions to expose and integrate them into the international water community.

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Reply:

(a-b) It is the responsibility of the Department of Water and Sanitation (DWS) to ensure adequate water availability through the development and management of infrastructure for water resources, as well as enhance the provision of sustainable and reliable water supply and sanitation by local government. The responsibility to supply water and sanitation services lies with municipalities that are Water Services Authorities (WSAs). Regional Bulk infrastructure is provided and managed through Water Boards as water providers.

To deliver on its mandate, the DWS’ plans for water and sanitation services are to:

• Implement 25 large bulk infrastructure projects over the medium term.
• Supporting 44 district municipalities with developing water and sanitation reliability plans over the medium term.
• Assess annual municipal strategic self‐assessments across all WSAs authorities on an ongoing basis.
• Transfer funds and monitor the performance of municipalities that receive funds through the regional bulk infrastructure grant and water services infrastructure grant in terms of the annual Division of Revenue Act.

The DWS monitors the condition of municipal water and sanitation infrastructure through three incentive-based regulatory mechanisms:

• The Green Drop Report, which focuses on sanitation (waste-water treatment systems and effluent quality).
• The Blue Drop Report, which focuses on water (water treatment and water quality).
• The No Drop Report, which focuses on non-revenue water and water losses through leakages.

(i) There are several initiatives underway to improve the management of water and sanitation countrywide which include the following:

• National Government will ensure that grant funding in the water sector is allocated with the objective of restoring functionality of existing wastewater infrastructure according to the findings of the Green and Blue Drop reports. VROOM-informed restoration-focussed grant management will be effected with support from National Treasury.
• DWS as a Regulator will improve the implementation of Section 19 of the National Water Act (Act 36 of 1998) to ensure that directives are issued with timeframes for implementation. Failure to respond will trigger remedial action being taken at cost of the non-complying entity or municipality.
• DWS will take steps to improve its capacity to be more effective in this duty. There are engagements with the Department of Cooperative Governance as well as National Treasury to explore ways of utilising conditional grants for the purpose of remedial intervention.

(ii) The DWS has allocated R23billion from the Regional Bulk Infrastructure Grant and R15bn from the Water Services Infrastructure Grant over the medium term. The purpose of the grants is to provide financial support to municipalities to:

• Build new bulk water and sanitation infrastructure.
• Refurbish and upgrade ageing infrastructure.
• Provide secondary bulk infrastructure (new or augmentation projects).
• Develop sources such as boreholes and spring protection.
• Implement water conservation and water demand management projects.

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Reply:

a) Since January 2021 to date, a total of eighty-three (83) directives have been issued by the Department of Water and Sanitation (DWS) against municipalities that have failed to manage sewage and causing pollution.

b) (i) The table below depicts a breakdown of the directives issued per province.

(ii) The consequences of DWS’ enforcement actions are indicated below:

• Five criminal charges laid against municipalities because of non-compliance with the Directives issued.
• Two (2) criminal charges were laid and finalised against Randfontein and Thaba Chweu Local Municipality whereby both municipalities pleaded guilty of all the charges. Both municipalities were subsequently fined by the courts for their failure to adhere to the provisions of NWA, among other violations.
• Three cases were referred to National Persecuting Authority for a decision. The Department has initiated three court interdict applications against the non-compliant municipalities, seeking Court Orders from the courts.

(iii) The DWS conducted forty-nine follow-up inspections whereby compliance with the provisions of the Notices and Directives is established.

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Reply:

a) The memorandum of understanding (MoU) between the Government of Finland and Republic of South Africa was signed at the United Nations (UN) Water Summit in New York on 22 March 2023. The MoU focuses on water resource management with the following as agreed areas of cooperation:

• Adaptation and mitigation of climate change in water resources management.
• Transboundary water management.
• Water supply services covering supply, sanitation, reuse and policies.
• Governance management and technologies.
• Response in water-energy nexus for mutual benefit.
• Hydro informatics including monitoring, data transfer and platforms, modelling and assessment.
• Education and capacity building.
• Cooperation on other areas of mutual interest.

b) The renewed Memorandum of Agreement between the Government of the Netherlands and the Republic of South Africa, also on water resources management, was signed on 22 March 2023 in New York. The MoU focuses on water resource management with the following as agreed areas of cooperation: Strengthening water governance including strategies, planning and operations.

• Monitoring and information management.
• Climate change adaptation, water management and resilient.
• Water management in transboundary/river basins.
• Water efficiency, water re-use and use of alternative water resources in municipalities, agricultural and industry.
• Groundwater management.
• Wastewater treatment, agriculture, domestic and industrial.
• Sanitation and drinking water supply.
• Implementation of the Water and Sanitation Master Plan of South Africa.
• Capacity building and knowledge exchange in municipal water management and supply.

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Reply:

1.  The Department has been informed of the water supply challenges in Heidelberg and Ratanda areas. The City of Ekurhuleni (CoE) supplies electricity to the pumpstation which is operated by the Rand Water.). Rand Water and CoE are in discussion regarding efficient and sustainable electricity supply to this infrastructure. The options being explored include:

• Exemption of this water supply infrastructure from load shedding by the COE.
• Rand Water, with support from CoE, applying to Eskom for direct supply of electricity and thereafter be exempted from loadshedding as a critical facility.

2. A statement will be made once an agreement has been concluded.

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Reply:

1.  The projections for capital requirement to address the water infrastructure backlogs over the next 10 years include (a) refurbishment and renewal of ageing infrastructure; (b) upgrades to serve increases in service levels and sustain effective service delivery; as well as (c) new infrastructure for growing human settlements and new economic nodes. The estimated cost requirement is R89,9 billion per annum over the next 10 years and is summarized below.

2. (a) According to the 2021 data, about 1 349 797 000 kl/ annum (at an average of 3 698 074 kl/day per day) is lost as a result of infrastructure failure, overflows from reservoirs and other leakages from municipal distribution systems.

(b) The commercial losses (336 559 712 kl/annum) are estimated to be 20% of total water losses and include unauthorised connections, meter inaccuracies and data transfer errors. Illegal connections are is estimated to be about 6% (20 193 583 kl/annum) of commercial losses. The estimated average cost of supplying water per kl in South Africa is R 12,41/kl and therefore the cost related to unauthorised connections (theft) is R 250 602 365 per annum.

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Reply:

1. (a) Delays in implementation of Stage 2 to 4 of the project were due to funding constraints. Consequently, the Department explored alternative options for implementation through an RFI process. Prior to the finalisation of this process, engagements between the Department and National Treasury resulted in a decision to fund the project through direct funding from the fiscus as this was a more feasible option. The project has also been streamlined to make it more affordable.

(b) Stage 1 is scheduled for completion in June 2023 and construction of Stage 2 is scheduled to commence in the fourth quarter of the 2023/24 financial year.

(c) The Project Oversight Committees and the Project Liaison Committee have been established as part of social facilitation. The Community structures’ meetings are taking place as and when required. The workshops on the tendering process for local Small Medium and Micro Enterprises (SMMEs) was held on 13th and 14th July 2022.

2. (a) (i) The hydropower element of the project has been allocated to a later stage. DWS is currently negotiating with Eskom regarding Eskom’s possible involvement in the hydropower project.

(ii) 726 616 people will benefit from clean water

(b) An estimated 7070 direct and indirect employment opportunities per year will be created through the implementation of this project.

3. Inclement weather caused delays in the completion of Stage 1 of the project. Geographical and/or environmental challenges that may impact on Stage 2 of the project have not yet been determined.

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Reply:

(1) The Department of Water and Sanitation’s (DWS) 2022 Green Drop Report provided a detailed overview of the state of wastewater management in the country. The findings of the report presented a concerning trend across the country which showed that wastewater management has deteriorated notably since 2014.

Water Service Authorities responsible for wastewater collection and treatment systems that achieved less than 30% during Green Drop Assessment were issued with non-compliance letters and instructed to submit corrective action plans. Implementation of the corrective measures will be monitored through a dashboard developed as part of the Water Services Improvement Programme (WSIP). The Department has also collaborated with the South African Local Government Association (SALGA) and Municipal Infrastructure Support Agent (MISA) to assist municipalities on the development of these action plans, to ensure improvement in the management of wastewater treatment plants. The DWS and SALGA have also rolled out the water and sanitation councillor induction across the country on wastewater quality management and drinking water management.

The DWS, in collaboration with the SALGA, has also taken steps to support Water Service Authorities through:

• Capacitating the Water and Sanitation portfolio-based councillors throughout their term of office.
• Training of Process Controllers to augment wastewater operations and maintenance capacity. Energy and Water Sector Training Authority (EWSETA) will facilitate the training so that it complies with Wastewater Quality Management regulations.
• Ensuring that all wastewater management environmental hazards are mapped and mitigated

(2) The Department ensures protection of water resources by serving suspected transgressors or polluters with notices and directives in accordance with the provisions of the National Water Act (Act 36 of 1998) (NWA). These notices and directives instruct the identified transgressors to make representations, which may take the form of action plans in other instances. The representations are then submitted to the Department to assess and advise on the implementation thereof. The Department then monitors implementation of the action plans and adherence to the timeframes committed to control the causes of pollution and remedy effects thereof.

The Department may also lay criminal charges against polluters liable for offenses stipulated under Section 151 of the NWA, where the outcome is a fine imposed against an offender or institute civil action by applying for a court interdicts against polluters. The court may, upon examining the application, issue an order the polluter to take remedial action.

Since January 2020, the Department has taken administrative enforcement action by issuing 374 notices and directives under sections 19, 20, and 53 of the National Water Act (NWA).

The Department has also pursued criminal action against 13 water users found to have caused pollution of water resources. To date, 9 case dockets were finalized and handed to the NPA for a decision to prosecute whereas 2 plea sentencing agreements were reached where the court-imposed fines against the municipalities. Additionally, the Department initiated 3 court interdict applications against water users found to have caused pollution of water resources, and 1 court order was granted in this regard.

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Reply:

a)  To address governance challenges among Water Boards and enhance the role that these entities will be playing to enhance service delivery at local government level; the Department has reviewed the Water Boards in terms of financial sustainability, governance matters and extending services to areas that are not currently serviced. The review and reconfiguration of Water Boards is intended to achieve the following:

• Better economies of scale
• Enhance market capitalisation for infrastructure projects
• Increase water access to un-serviced rural areas
• Enable better cross-subsidisation and increased financial sustainability
• Facilitate differential service delivery levels and tariff modelling across the province
• Enable better working relationships with provincial governments - there has been a general effort to align water boards boundaries with provincial boundaries
• Enable Water Boards to better support Water Services Authorities (WSAs).

b) It should also be noted that non-payment of Water Boards by municipalities threatens financial viability of Water Boards. To address this, the Department of Water and Sanitation in collaboration with National Treasury has put in place the following measures to strengthen billing and revenue collection and address the escalating debt of municipalities to water entities:

• The Department of Water and Sanitation (DWS) will collaborate with National Treasury to ensure that equitable share allocations are withheld from non-paying municipalities.
• DWS will ensure that standardised credit control and debt recovery processes is in place across all the water boards. This includes consistent enforcement of water limitations/restrictions on non-paying municipalities and legal processes to attach municipal bank accounts where necessary.
• Bulk prepaid meters will be installed by water boards in municipalities with a poor payment record.
• The Minister is further consulting the 144 Water Services Authorities on the outcome of the above-mentioned workshop.

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Reply:

1. No, my department is not aware of any complaints pertaining to dangerous mining chemicals polluting a water stream and the environment in the Wonderfontein Catchment Area. However, there are various platforms available to report such incidents through the DWS Hotline 0800 200 200 or via email: [email protected] or directly to officials (whose contact details are also on the internet webpage under customer care www.dws.gov.za responsible for the catchment area). Specific details pertaining to this question will be appreciated and investigated once received.

2. No, my department is not aware of any allegations that some government officials and politicians are colluding with mining bosses to pollute waterways. However, should there be such allegations, they must be reported to enable the department to investigate.

3. No, there is currently no official of my departmental being investigated regarding allegations of collusion with mining bosses.

4. Current routine monitoring results do not indicate any pollution incidents in this area. Anomalies detected in water quality would normally also be relayed to the local municipality so that the information is publicised through local radio stations and newspapers if necessary.

The JB Marks Local Municipality (under which the towns of Potchefstroom and Ventersdorp falls) implements a Water Safety Plan, which is aimed at identification and prioritisation of risks associated with water supply. In line with this plan, the municipality identifies risks associated and encountered at the catchment, treatment and distribution network and employ mitigation measures to ensure water supplied is safe for human consumption. The municipality has reported that it has not detected any irregularities in the catchment.

Areas under the jurisdiction of JB Marks Local Municipality receive treated water with a microbiological compliance for the year to date at 94.5% (when measured against SANS241 limits).

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Reply:

1. The details for boreholes in the Dr Beyers Naudé Local Municipality are indicated in the table below:

2. The telemetry system is only functional in Graaff-Reinet. The municipality has plans in place to install / upgrade telemetry in all the other towns. The department has been informed that the plans to install or upgrade telemetry systems are dependent on budget availability in the 2023/24 financial year. Non-revenue water, is currently at 37% due to:

• non-payment by users for water
• incorrect metering
• no metering (unmetered connections),
• unforeseen pipe bursts, illegal connections
• real water losses.

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Reply:

a)  There are no recent complaints regarding potable water quality that were received by the Department of Water and Sanitation from the Steve Tshwete Local Municipality. All previously reported cases were closed after the municipality implemented corrective measures to address the reported complaints.

b) The Department received complaints regarding poor water quality in Emalahleni Local Municipality and has initiated an investigation. The findings of the investigation were that some of the mines were discharging non-compliant water into the water streams or systems. The Department issued notices of intention to issue directives on 17th February 2023, through the provisions of Section 19 of National Water Act to the mines. These mining companies were given until the end of April 2023 to implement corrective measures. Failure to comply and submit these to the Department will result in the Department issuing a Directive.

(i) The Department has assisted the Steve Tshwete Local Municipality with funding under Regional Bulk Infrastructure Grant (RBIG) for the refurbishment and upgrading of the Vaalbank Water Treatment Works to improve process performance and ensure acceptable drinking water quality. The construction of the 20Ml/d reverse osmosis plant and a filter system to reduce turbidity and sulphate concentration is underway. The project is due to be completed in November 2023.

Furthermore, it should be noted that the Department is currently conducting a feasibility study to investigate the provision of bulk water supply for the Emalahleni Local Municipality that is aimed at identifying and developing alternative solutions to address the bulk water supply infrastructure deficiencies. Construction is planned to commence in 2024.

(ii) In addition, the Department also rendered financial support for the two municipalities as indicated in the table below:

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Reply:

Civil engineering designs for water storage infrastructure i.e. Dam Walls, are designed for a safety evaluation flood (SCF) of 1:10 000 year flood conditions to ensure that the structural integrity of the wall would not be compromised by forces anticipated to be associated with such conditions. In addition, the Department is also prohibiting the erection of permanent structures within the 1:100 flood line adjacent to the full supply level of a dam and rivers as a means to safeguard life and livelihood. Wherever water conveyance structures (i.e. large pipe-lines and canals) are elevated and exposed at stream or river crossings, the bridge structure is designed to withstand 1:100 year flood conditions.

The Department takes note of the impact the intense flooding had on trenched pipe-lines during the 2022 floods and will work with research institutions to consider an amendment to engineering design factors, as influenced by climate change.

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Reply:

a) The Department has put in place internal control processes to continuously curb underspending including:

• Increased focus on forecast controls over expenditure commitments for projects in year and over the Medium Term Expenditure Framework to mitigate risks of under expenditure.
• Stringent expenditure controls for sound financial management principles, ensuring that public resources are utilized efficiently; incurred obligations are cleared in a timely manner; and abuse/misappropriation of public money is prevented.
• Collaborative service delivery implementation plans with capacity building initiatives are also being implemented with diverse stakeholders within the water sector including Water Boards, Municipalities, Provincial Governments, Department of Cooperative Governance and Traditional Affairs and National Treasury.
• Regular monitoring of progress and management of areas of underperformance to proactively redirect funds to projects with capacity to absorb additional budgets.
• The Department is implementing the Infrastructure Procurement Strategy and Policies.

b) The following have been identified as root causes of underspending:

• Lack of financial governance skills amongst Water Service Authorities
• Inadequate project management capacity by Implementing Agents resulting in under-expenditure
• Court Judgement issued on 25 February 2022, which prohibited advertising of new bids for goods and services and impacted on capital expenditure for major and mega projects
• Complex public procurement system that contributed to delays in the procurement of goods and services

Implementation of these interventions by the Department has resulted in significant improvements from the last financial year expenditure to the year-to-date expenditure.

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Reply:

a)  The Department carries out its regulatory function through its Dam Safety Office, which reported to Parliament that of the top 20 largest state dams, only 2 complied 100% with Dam Safety Regulations. The Department’s presentation to Parliament indicated that the shortcoming which was identified by the Dam Safety Office which prevented the other dams from being 100% compliant with the Dam Safety Regulations was that the required five- yearly dam safety evaluations were overdue.

Five-year Dam Safety Evaluations are required to be conducted by an Approved Professional Person (APP). These five-year evaluations are over and above the quarterly and annual inspections conducted by the Department’s operational engineering staff. There is a shortage of APPs in the Department, and this has led to the Department falling behind with its five- yearly dam safety evaluations.

The Department is in the process of finalising the appointment of a panel of Approved Professional Persons (APPs) which will assist to complete and review all required dam safety evaluation reports.

The department has prioritised 18 of the 20 largest dams to have compliant dam safety evaluation reports. with the intension to have the compliance issue resolved by the end of fourth quarter 2022/23 financial year. Unfortunately, contractual negotiations took longer than anticipated, implying that 25% of the largest 20 state dams will be achieved within this timeframe, and the remaining 75% by May 2023. With this additional professional engineering capacity, all outstanding and due dam safety evaluation reports will be completed within the next 18 months.

Even though there are inherent risks to not submitting 5 yearly dam safety evaluations reports on time, it does not necessarily equate to the dams being unsafe, since there are various systems and mechanisms in place to monitor the structural health and performance of our dams. These include routing inspections by dam operators and the monitoring of our dam’s behaviour by Dam Safety Surveillance through various instrumentations, some of which are communicating this data in real-time. All these measures are preventative in nature (serves as early warning) and are aimed at safeguarding our dam infrastructure as well as the public from potential harm.

In addition to general maintenance, the Department also implements a Dam Safety Rehabilitation programme which was established in 2006 to ensure that the lifespan of dam structures is prolonged and to improve the safety of these structures. Since its inception, rehabilitation projects at 43 dams have been completed. Currently, there are 6 dam safety rehabilitation projects underway with 19 projects in the design phase.

(b) The Department is finalising dam safety evaluation reports per dam, and not in consolidated fashion, because the due dates for these reports are staggard and not all due on the same date.

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Reply:

a)  The delays in the completion of Phase 2 upgrade of James Kleynhans Water Treatment Works (WTW’s) are due to the following:

• The Covid 19 hard lockdown resulted in work stoppages and revised health and safety measures that needed to be implemented
• The lockdowns also brought about increases in costs of various materials and equipment for the project
• The contractor initially appointed experienced financial difficulties which slowed progress of activities and ultimately liquidation of the company which resulted in the contract being terminated.

• Procurement processes to appoint a new contractor were also delayed as the advertisement of the tender had to be repeated due to unresponsive bids during the first round.

The contractor was eventually appointed and the has been on site since January 2023.

b) The Department is closely monitoring the turnaround plan of the Amatola Water Board and the municipality convenes monthly progress meetings.

c) Any further delays in completing water infrastructure projects may result in water shortages in cities and towns as the ageing Water Treatment Works may eventually not be able to meet the increased demands for water.

d) An estimated amount of R88,4 million is required to complete Phase 2 of the project by December 2023.

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Reply:

The Department of Water and Sanitation (DWS) has drilled a total number of 4 boreholes during the 2018/19 financial year funded by Water Services Infrastructure Grant (WSIG) as indicated below:

• Steenbok 1
• Mangweni 1
• Boschfontein 1
• Gomora 1

The DWS provided financial support through the WSIG to the Nkomazi Municipality for water reticulation projects to the areas of Madadeni and Magogeni in the municipality.

The DWS is also providing financial support to the municipality through the Regional Bulk Infrastructure Grant (RBIG) for the implementation of the Sibange and the Driekoppies Regional Water Supply projects to improve water supply in the Nkomazi Municipality.

Reply:

The Matjhabeng Local Municipality (LM) has challenges of aged and dilapidated infrastructure leading to frequent pipe bursts which contribute to high water losses and reduced pressure in the reticulation system. The municipality is estimated to be losing more than 56% of clean water due to the frequent pipe bursts and aged infrastructure. The municipality is further challenged by a high percentage of non-revenue water which contributes to financial losses for the municipality.

To deal with the challenges indicated above, the Matjhabeng LM has compiled a business plan for replacement of old asbestos and old galvanized pipes with an estimated cost of R1,4billion. The plan was submitted to the Infrastructure South Africa (ISA). However, the municipality was also advised to submit a business plan to the Department of Water and Sanitation for implementation of water conservation and water demand management while awaiting the response from ISA. Should funding for the business plan be secured, implementation of this business plan would reduce the high water losses and improve water supply to the consumers.

To further remedy the challenges relating to water losses and non-revenue water the following interventions are being implemented by the municipality:

• Procurement of over six thousand (6,000) water meters in the 2022/2023 FY to start addressing the issue of unmetered consumers and to improve on revenue collection.
• Appointment of qualified Civil Engineers, Technologists, Technicians and thirty (30) qualified artisan plumbers and
• Purchasing of four (4) new heavy equipment vehicles (TLBs) to assist in water network maintenance and pipe bursts.
• In the 2023/2024 FY, the technical service will run the following water business programmes:
  • Pressure management to reduce pipe bursts and water losses
  • Non-Revenue Water Management to reduce water loses and improve revenue collection
  • Installation of the SCADA System to measure and monitor water losses in the reticulation system
  • Active leak detections to locate invisible pipe bursts
• The municipality will also appoint a suitable Professional Services Provider (PSP) to develop a Water Demand and Water Conservation Management (WDWCM) Strategy as a fundamental step in promoting water use efficiency and to be compliant with both the Water Services Act and the National Water Act, Act 36 0f 1998, which together emphasizes effective management of water resources and supply services.

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Reply:

The Department of Water and Sanitation has encountered challenges with business forums that demand 30% of funds allocated for Regional Bulk infrastructure Grant (RBIG) and Water Services Infrastructure Grant (WSIG) projects be allocated to them.

The DWS through project steering committees, engages business forums to find amicable solutions to address contract management matters. This is spearheaded by different implementing agents and supported by the Ministry, and senior officials of the Department. Where necessary, the Department will request police protection for its staff, and/or provide private security protection.

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Reply:

a) The department has not entered into any Private Public Partnerships (PPP) as defined by the PFMA and Treasury Regulations to date.

b) The department has, however, signed an agreement with the Commercial Mining Sector to jointly fund the Olifants Management Model (OMM) on a 50:50 basis. This is part of an innovative drive to collaborate with the private sector to fund public infrastructure to the benefit of all water users within a government water scheme. The Olifants River Water Resource Development Project (ORWRDP) experienced delays due to public funding constraints. and This collaboration has allowed the department to fast-track the construction of bulk and reticulation water infrastructure to supply the communities and mines by 2030. This R25 billion project started in November 2022 and is targeted for completion in 2030. The Lebalelo Water User Association is the Implementing Agent for the project. Similar collaborations are being explored in anticipation of similar benefits in other areas of the country, where local economic drivers could mutually benefit water services to local communities.

Reply:

a)  The total number of licences issued to historically disadvantaged persons and communities is as follows:

b) KwaZulu-Natal province is where the highest number of licences were issued to Historically Disadvantaged Individuals.

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Reply:

In the Free State there are 10 202 buckets that are still to be eradicated. Contractors were appointed for the remaining seven (7) projects and contractors are currently on site. Several sections of the outfall sewer line have been completed whilst others are in progress. Work on the construction of pumpstations in the respective projects has also commenced.

Whilst the challenges are common in most projects, the Free State Bucket Eradication Programme experienced the following:

• Delays with procurement for goods and services for its Construction Unit. The Department is in the process of addressing this by putting in place a new Infrastructure Procurement Policy and Strategy.
• Interruptions by Local Business Forums demanding to be given a greater share of the work.
• Local labour disputes
• Contractual disputes between the main contractors and their subcontractors which have caused delays.
• Some projects encountered unexpected high-water tables, which resulted in a need to pump out water before work could proceed.
• Poor soil conditions requiring changes to the designs mid-construction.
• Some projects cannot be completed because the wastewater treatment works are not yet ready (in terms of functionality or capacity to receive the additional sewage). Efforts to address the Wastewater Treatment Works are underway through either procurement (Senekal) or Conditional Assessments (through DWS) to determine the extent of the work to be done on each plant. Such projects will be packaged independently for implementation.

In the Northern Cape, a new procurement process has ensued and the procurement process including the appointment of a contractor is expected to be completed by April 2023.

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Reply:

Ahead of the opening of two more gates at Vaal Dam, warnings were issued to the public through various media platforms and an official media statement issued by the department.

a) Development of a flood preparedness plan takes place every year before the rainy season. The implementation of flood monitoring and forecasting systems is a continuous process that the department uses to monitor the state of water flow in the rivers. This ultimately informs decision making regarding issuance of early warnings and opening of flood gates whenever necessary.

b) The alarm measures implemented and exposed to the communities around the dam include issuing of official media statements, dam operators post warnings in social media groups of exposed communities about impending flood control releases and the inevitable increase of water levels downstream.

This ensures that these warnings reach communities swiftly once decisions to release water are confirmed to allow sufficient lead time to react to the interventions.

Reply:

1. Cabinet approved the publishing of the National Water Resource Infrastructure Agency (NWRIA) Bill for public comment for a period of ninety days on 17 August 2022. The NWRIA Bill was published on 16 September 2022 in the Government Gazette notice: 46917 p137, for a period of ninety days which concluded on 16 December 2022. During the ninety days period, the department embarked on an extensive consultation process to solicit comments on the Bill from its various stakeholders.

The period for consultation has been formally extended in the government gazette notice: 48017 p43 published on 10 February 2023, which period will conclude on 17 March 2023. The reason for the extension is to ensure a comprehensive consultation process, by providing the primary creditors of the Trans- Caledon Tunnel Authority (TCTA) with an independent legal and financial opinion on the terms of the loans agreements currently entered with the TCTA in relation to the provisions of the Bill and to allow for the National Economic Development and Labour Council (NEDLAC’s) chamber to appoint a task team that will be consider the Bill.

2. It is the intention of the Minister of Water and Sanitation, to have the Bill processed before the end of the sixth Parliament.

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Reply:

MINISTER OF WATER AND SANITATION

1. The Minister of Water and Sanitation published the National Water Resource Infrastructure Agency Bill on 16 September 2022 in Government Gazette notice: 46917 p137, for a period of 90 days which concluded on 16 December 2022. During the 90-day period, the Department of Water and Sanitation (DWS) embarked on an extensive consultation process to solicit comments on the Bill from its various stakeholders. The comments received to date have been found favourable and supportive towards the establishment of the National Water Resource Infrastructure Agency, as an institution proposed in the Bill.

The period for consultation has been formally extended in government gazette notice: 48017 p43 published 10 February 2023, which period will conclude on 17 March 2023. The reason for the extension of the consultation period to is to ensure a comprehensive all-inclusive consultation process, by providing the primary creditors of the Trans- Caledon Tunnel Authority (TCTA) with an independent legal and financial opinion on the terms of the loans agreements currently entered with the TCTA in relation to the provisions of the Bill and also to allow for the National Economic Development and Labour Council (NEDLAC’s) Development chamber to appoint a task team that will be considering the Bill.

2. Yes, the National Economic Development and Labour Council’s Development Chamber was consulted on 12 December 2022. The NEDLAC’s Development chamber is expected to appoint a task team to further consider the Bill.

Reply:

The Department of Water and Sanitation is aware of the allegations and referred the matter to the Internal Audit Unit for investigation.

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Reply:

1.  The properties within the dam boundary line of the Hartbeespoort Dam were incorrectly vested in the name of the North West Province, and the province entered into long term lease agreements with an option to purchase the land with third parties around the dam. The Department of Water and Sanitation (DWS) had the properties vested nationally and instructed the province to cancel the lease agreements they concluded on national land under the DWS’ custodianship. The department developed a lease policy which was approved in April 2020. This policy guides the department when entering into lease agreements with third parties already occupying State land as well as new applicants from previously disadvantage groups.

The department has already commenced with the process to advertise all available State land under DWS custodianship for grazing and recreational purposes. The land will be leased at a market related rental determined by a Professional Valuer and guided by Treasury Regulations. The department has already identified three dams as pilot projects to advertise land at Van der Kloof Dam, Tant Malie at Hartbeespoort Dam and Lakeside in Potchefstroom.

2. (a)The department has signed lease agreements with 4 lessees and 1 permission to occupy as outlined in table below:

(c) All rental values were determined by a Professional Registered Valuer appointed in 2020/21 in terms of market related prices for each portion of land, taking into consideration the activities of the applicant and the land.

3. The contracts state what these properties may be used for, as well as the procedure for development of the property.

4. All contracts have lapsed except for the 5 mentioned in 2 (b) above. The process for considering new applicants is ongoing and the Department intends to finalize the current lease applications by end of 2023.

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Reply:

The Department currently has 14 large water projects running across different provinces. A total of 10 infrastructure projects are under planning, whilst 4 are in construction phase. In terms of progress, 11 projects are behind schedule. Details are tabulated below:

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Reply:

(i)  The department is mainstreaming climate change and response into planning (project design), implementation, and management of water resources. The implementation of climate risk assessment and management is done through systematically assessing, addressing, and adaptively managing climate risks in new strategies, projects, and activities, thus facilitating climate resilience to both prevailing and projected future climates. This is guided by the Water and Sanitation Sector Policy which sets out principles that strive to strengthen the effective protection, conservation, and management of water resources against the impacts of climate change.

Further, the Department has and is continuously mainstreaming climate change risk and vulnerabilities, and climate responses (adaptation) into its strategies and operations such as Climate Change Response Strategy, National Water Resource Strategy-3, among others. The Department is in its final stages of updating its climate change strategy for the water and sanitation sector, this will ensure that the adaptation and responses (including updating of risk and vulnerability assessments) developed are informed by the latest and refined Global Climate Models.

(ii) The department is responsible for the development and implementation of legislation and regulatory tools to ensure that water resources are protected.

The National Water Act 36 of 1998, requires water use activities emanating from water users to be authorised. The authorization conditions imposed to users involve ensuring that negative impacts of such activities on water resources are assessed, prevented or minimised.

The quality of the water resources is also monitored through various national and regional monitoring programs to determine the status of our water resources and to ensure pollution is identified and mitigated timeously.

Compliance to the above regulatory conditions is monitored and enforced through the National Water Act 36 of 1998. During the 2021/2022 financial year, 182 pollution cases were reported to the Department which translated to 142 administrative enforcement actions and 3 criminal cases referred to the National Prosecuting Authority (NPA). A total of 40 cases were closed as they had complied with legislative requirements.

In November 2019, the Department formally established the Anti-Pollution Task Team (APTT), with the aim of identifying and assessing risks that can cause pollution in water resources and finding remedies to mitigate pollution impacts on water. Some of the key tasks of the APTT are:

• development and implementation of anti-pollution management protocols and interface with other institutions (such as law enforcement agents) to ensure that polluters are brought to book,
• monitoring and implementation of the Integrated Water Quality Management Strategy (IWQMS) of 2017, which sets out strategic actions that are required to be undertaken to realise the vision and goals of water quality in South Africa,
• support and monitoring of the implementation of existing departmental functions dealing with pollution matters and improving water quality.

With support and interface with other law enforcement agencies, the department continues to implement enforcement action against polluters to ensure our water resources are protected.

(b) Other relevant steps taken by the department in these regards include:

• Continuous research in collaboration with the Water Research Commission (WRC)
• Sustainable Development Goals (SDG) monitoring and comparative analysis programs
• Participation in international water related events like the World Water Week in Stockholm and the International Commission on Large Dams (ICOLD) conferences

The aim of taking these steps is to ensure that the department has good exposure to relevant and new technologies and innovations for water resources management in general.

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Reply:

a) The total cost of intervention projects is R4.5 billion to date. The cost for the intervention in the Mkhanyakude District Municipality is yet to be confirmed once all the planning has been finalised. The details for other interventions implemented since 2020/21 by the department is indicated below:

b) Municipalities are responsible for acting against their personnel. The department has put measures in place to ensure that interventions are implemented effectively and efficiently. Some of the Water Boards such as Umgeni water and Lepelle Northern Water have been appointed to ensure that interventions are implemented in accordance with intended outcomes. The department is continuously monitoring the progress of the implementation and the impact thereof.

Furthermore, the Department ensures the protection of water resources by serving suspected transgressors or municipalities with Notices and Directives in accordance with the provisions of the National Water Act (Act 36 of 1998) (NWA). This is to compel responsible municipalities to take rectification measures on non-compliance cases identified. These Notices and Directives instruct the identified transgressors to make representations, which may take the form of action plans in other instances. Subsequently, the Department assess the representations submitted and advise on the implementation thereof. The Department then monitors implementation of the action plans and ensure adherence to the timeframes committed in order to control the causes of pollution and remedy effects thereof.

Lastly, the Department may institute criminal charges aimed at holding a municipality liable for offenses stipulated under Section 151 of the NWA, whereby fines or imprisonment may be imposed against an offender. The Department may also institute civil action by applying for a court interdict against a municipality. The court may then order the municipality to take remedial action through a Court Order.

The table below depitcs administrative, criminal and civil actions taken to protect water resources against municipalities found to have contravened the provisions of the National Water Act.

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Reply:

In response to the release of the Green Drop report for 2022, the department issued non-compliance letters to all Water Services Institutions (WSIs) with wastewater systems at critical state (achieved GD score of less than 31%). The non-compliance letters required the WSIs to develop the corrective action plan that will address the issues as identified on the 2022 report.

The department also engaged Local Municipalities within the Mpumalanga province on numerous occasions on the Green Drop (GD) 2022 report findings. This was meant to:

• Encourage those municipalities with wastewater systems that were found to be in a critical state to develop the corrective action plans
• Advise on best practices for wastewater management to improve performance

The department also provided training that was attended by all WSAs in MP to guide, improve and enhance the performance of the WSAs regarding management of the water and wastewater systems. In addition, a working session was held with all the municipal councillors to discuss the outcomes of the GD/BD reports and the poor performance of water & wastewater systems within the province. A commitment to support the GD/BD programme to ensure compliance was made on the date of the session.

The department, in collaboration with provincial Cooperative Governance and Traditional Affairs (COGTA) departments, District Municipalities and South African Local Government Association (SALGA), continues to strengthen engagements with municipalities to ensure that the WSAs manage water and wastewater systems in a sustainable way to protect the water resources and improve service delivery to the communities.

A Water Service Task Team has been established with all WSAs in Mpumalanga Province to address several critical factors caused by lack of capability to manage, operate, and maintain infrastructure. Other critical matters to be addressed by the Task Team include the following:

• • Financial planning, budgeting, and expenditure
• Procurement processes
• Lack of preventative maintenance
• Poor capacity management
• Poor effluent quality

Furthermore, the department continues to monitor the performance of all water/wastewater systems within the province annually to ensure compliance with the Water Services Act and National Water Act. When there are failures to comply with the requirements of legislation, the department is compelled to initiate enforcement action against the WSAs.

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Reply:

The department intervened in nine district and local municipalities since 1 January 2020, details as follows:

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Reply:

a) The salary scales for top executives within entities of the Department of Water and Sanitation are as follows:

b) None of the entities mentioned above pay any of the executives for attending meeting outside of their all-inclusive benefits.

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