Presentation to the Select Committee:

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Presentation to the Select Committee Land
Environmental Affairs Progress on
establishment of Catchment Management Agencies
(CMAs) in South Africa 6 March 2012
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CONTENT

• Context
• Policy and legislative mandate
• Progress to date
• Challenges
• Future Thinking
• Conclusion

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Context

• The National Government is the custodian of the
  nations water resources, as an indivisible
  national asset.
• The Minister (Public Trustee) must therefore
  ensure that water is protected, used, developed,
  conserved, managed and controlled in sustainable
  and equitable manner.
• The Minister may establish suitable institutions
  to perform water resource management functions.

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Context Policy Principles

• The implementation of catchment management should
  be in accordance with principles of Integrated
  water resource management
• Equity in access to water resources, benefits and
  services
• Sustainability in terms of water resources and
  the ecology
• Optimal beneficial use from water utilization
  both social and economic
• Local participation by stakeholders
• Subsidiarity and clear accountability
• Viability
• Service delivery

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CONTEXTWATER, LAND EQUITY NEXUS

• Water management must support critical national
  development objectives that
• meet basic human rights w.r.t water and
  sanitation,
• reduce inequality, create jobs and eliminate
  poverty
• Access to reliable water supplies and sanitation
  is critical for
• Human health, dignity and well-being
• Creating and supporting economic growth and job
  creation
• Rural livelihoods

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CONTEXTTHE DEMOCRATIC DEVELOPMENTAL STATE
Ordinary citizens should be involved in decisions
that affect them
South Africa is a representative and
participatory democracy
More inclusive and with greater citizen and
society participation in decision-making
We have a democratic developmental state
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CONTEXTSUMMARISED ROLE OF GOVERNMENT IN WATER
SECTOR
Develop equitable and sustainable water policy
and strategies
Plan for future and balance supply and demand
Ensure infrastructure is developed and managed
Allocate water and ensure redress and equitable
access
Ensure provision of basic water supply and
sanitation services to all
Regulate water use and impacts on water
Ensure water sector institutions perform
effectively
All in line with national developmental
objectives of poverty eradication, creation of
jobs, equitable economic growth, sustainable
development
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LEGISLATIVE MANDATE

• Catchment management agencies are statutory
  bodies established in terms of Chapter 7 of the
  National Water Act (Act 36 of 1998)
• Water management area is an area established
  as a management unit in the national water
  resource strategy within which a catchment
  management agency will conduct the protection,
  use, development, conservation ,management and
  control of water resources.
• water management institution means a catchment
  management agency,a water user association,a body
  responsible for international water management or
  any person who fulfils the functions of a water
  management institution in terms of this Act
• CMAs are subject to the Public Finance Management
  Act(Act 1 of 1999) (PFMA) and related Treasury
  regulations categorized as a Schedule 3A entity
  service delivery public entity

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REASONS FOR ESTABLISHING CMAs
2. To achieve sustainable use of water
3. To achieve efficient use of water
1. To achieve equitable access to water
Delegate water resource management to the
regional or catchment level and to involve local
communities within the framework of the National
Water Resources Strategy
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THE ROLE OF CMAs

• Manage water resources in a defined Water
  Management Area (WMA)
• A (WMA) is an area established as a management
  unit in the national water resource strategy
  within which a catchment management agency will
  conduct the protection, use development
  conservation, management and control of water
  resources
• Co-ordinate the functions of other institutions
  involved in water related matters
• Involve local communities in water resource
  management
• Protect use, develop, conserve, manage and
  control in a sustainable and equitable manner

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THE ROLE OF CMAsInitial Functions

• Investigate, and advise interested persons on the
  protection, use, development, conservation,
  management and control of the water resources in
  its water management area
• Develop a catchment management strategy
• Co-ordinate the related activities of water
  users, and of water management institutions
  within its WMA
• Promote the co-ordination of the implementation
  of its catchment management strategy with the
  implementation of any applicable development plan
  in terms of the Water Services Act (108 of 1997)
• Promote community participation in its functions

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• CMA Functions
• End of year two the CMA should be performing the
  following key functions
• Development and maintenance of stakeholder
  structures and engagement with stakeholders
• Developing the institutional mechanisms to
  support the coordination of water related
  activities by water users and institutions
• Certain water use functions including the
  maintenance of WARMS and the registration and
  verification of water use
• Development of the Catchment Management Strategy
• By the end of year three, the CMA should be
  performing the following functions
• Accepting and processing water use license
  applications
• Control of water use and compliance monitoring
• Enforcement of water use authorisation conditions
  (together with DWA where appropriate)
• Establishment and regulation of and provision of
  support to WUAs
• Determining tariffs, billing and revenue
  collection of water resources management charge

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WATER MANAGEMENT AREAS

• After a countrywide process of consultation 19
  WMAs were established in October 1999.
• The following considerations were taken into
  account in determining the boundaries
• Natural hydrological boundaries
• Financial viability size, demographics, volume
  of water use
• Institutional capacity- WRM, operations and
  management of infrastructure
• interrelationships

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PROGRESS TO DATE

• Six CMAs gazetted (administratively), namely
• Crocodile (West)-Marico,
• Mvoti ,
• Thukela,
• Usutu to Mhlatuze,
• Gouritz
• Olifants-Doorn
• Two operational CMAs
• Inkomati (ICMA)
• Breede-Overberg (BOCMA)

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CHAIRPERSONS AND CHIEF EXECUTIVES
CMA CHAIRPERSON CHIEF EXECUTIVE
Inkomati Ms TP Nyakane-Maluka Mr B Jackson (Acting)
Breede-Overberg MR NH Hamman Mr J van Staden (Acting)
CMA ESTABLISHMENT DATES
CMA ESTABLISHED AGE
Inkomati 2004 7 years
Breede-Overberg 2005 6 years
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DWAs OVERSIGHT ROLE OVER CMAsCompliance
monitoring
List of Documents submitted to the Minister Legislation
Annual Report Audited Financial Statements PFMA Sec 55 (d)
Business Plans TR 30.1.1 and Schedule 4 of the National Water Act, 1998
Budget of estimated revenue expenditure for the year PFMA Sec 53(1)
Quarterly Reports on actual revenue expenditure for the quarter projection of expected expenditure revenue for remainder of financial year TR 26.1 TR 30.2.1
Financial misconduct procedures report TR 33.3.1

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ACHIEVEMENTS

• The Department has ring fenced proto-CMAs in
  regional offices which are performing water
  resource management functions until CMAs are
  established
• The completion of Catchment Management
  Strategies
• Engagements with Irrigation Boards for
  transformation into Water User Associations.
• Alignment of DWA Regional Office strategic plan
  with the CMAs.
• Building institutional relationships with key
  institutional partners and aligning plans, e.g.
  IDPs and WSDPs

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ACHIEVEMENTS CONTINUED...

• Engagement and promotion of community
  participation in water resource management .
• Twinning with the Dutch catchment management
  agencies.
• The ICMA and BOCMA have started to perform
  functions as delegated by DWA in December 2010
• The implementation of the delegated functions
  will provide the CMAs with the opportunity to
  start generating revenue

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Reasons for the delay of establishment of CMAs

• Institutional Realignment project initiated in
  2007 resulted in delay of establishment of
  institutions until project is finalised
• Learning curve
• Stakeholder empowerment and involvement in the
  establishment of CMAs is more complex in terms of
  resources required it is an intensive public
  participation process
• Capacity
• Lack of internal capacity to establish 19 CMAs.
• Financial viability
• The start-up costs covered in DWAs budget, from
  the parliamentary appropriation underestimated
• Delegation and transfer of functions not in
  place therefore seed funding utilised for
  operational matters
• DWA must accept responsibility for financially
  supporting certain strategic and developmental
  functions of CMAs from the fiscus, with water
  user charges primarily paying for WRM functions
  that directly benefit water users
• Registration and verification processes must be
  completed to quantify water use charges for
  viability

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Drivers for change

• In 2007, the previous Minister initiated a
  process of reviewing the institutional
  arrangements in the water sector.
• This was prompted by
• Poor service delivery at local level due to lack
  of capacity
• Clear acknowledgement of the fragmented
  institutional arrangements in the sector
• Apparent limited capacity of water sector
  institutions to perform in accordance with
  legislation
• Poor implementation of legislation and policy
  that impacts on institutional accountability,
  governance, performance and oversight (including
  regulation)

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WAY FORWARD

• The Institutional Realignment and Reform Project
  has progressed to such a stage that we are
  awaiting approval from the Minister after which
  we will proceed with the following
• Gazette the approved water management areas
• Ring-Fence water resource management charges in
  WMA
• Develop a business case for each CMA

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THANK YOU
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