scholarly journals Water Rights in a Time of Fragility: An Exploration of Contestation and Discourse around Cape Town’s “Day Zero” Water Crisis

Water ◽  
2021 ◽  
Vol 13 (22) ◽  
pp. 3247
Author(s):  
Jackie Dugard

South Africa is an interesting case study on the right to water. It is an upper-middle income country with a history and current reality of extreme racialised inequality, including the water services sphere. It is water scarce, and during 2018, Cape Town was expected to be the first major metropolitan city in the world to run out of water. South Africa has one of the most progressive constitutions in the world, which incorporated socio-economic rights including the right to water as explicitly justiciable long before the international right to water was recognised. However, despite clear water-security and water-equity fault lines on the one hand and conducive legal frameworks on the other hand, there has been relatively little water rights contestation in post-apartheid South Africa. It is this paradox and, in particular, how it played out in the clear case of water insecurity in Cape Town’s “Day Zero” crisis that are the subjects of examination in this article. Aiming to make an original contribution to the scholarship on the “Day Zero” crisis by exploring it from the perspective of interlocutors and those affected by it, this article also hopes to contribute towards a better understanding of the nature and application of water rights more broadly.

1988 ◽  
Vol 26 (3) ◽  
pp. 473-493 ◽  
Author(s):  
J. B. Knight

South Africa has neither a developed nor a typical underdeveloped economy. Too often it has been wrongly classified, along with, say, Australia and New Zealand, as one of the peripheral developed countries, because only a part of the economy and population have the characteristics we associate with that group. Yet its economy is distinctly different from others in sub-Saharan Africa. South Africa falls squarely into the category which the World Bank classifies as ‘upper middle-income’ developing economies, with G.N.P. per capita in 1982 ranging from $2,000 to $7,000 and averaging $2,500, thereby including South Africa, with $2,700.1 (By contrast, Kenya's G.N.P. per capita was $400 and Britain's $10,000). The World Bank's group includes Algeria, Argentina, Brazil, Chile, Mexico, South Korea, Venezuela, and Yugoslavia. South Africa shares many structural economic characteristics with these semi-industrialised countries.


Author(s):  
Jackie Dugard

South Africa has among the most progressive legal and policy frameworks for sanitation services in the world, including a legally entrenched basic minimum standard for sanitation services and a free basic sanitation policy. Yet, on the ground there are numerous problems. In recent years, some of these problems have given rise to protest action and litigation. This chapter provides an overview of the frameworks, realities, and contestation related to sanitation provision (or under- or non-provision) in South Africa. It first outlines the relevant legal and policy frameworks for sanitation services; then analyses the systemic problems of practice and implementation from a human rights-related perspective; and finally examines the emergence of litigation and protest action in response to the ongoing problems related to sanitation services, highlighting how the content, as well as the realization of the right to sanitation is increasingly being advanced through battles on the streets and the courts.


2021 ◽  
Author(s):  
David M. Hannah ◽  
Iseult Lynch ◽  
Feng Mao ◽  
Joshua D. Miller ◽  
Sera L. Young ◽  
...  

<p>The COVID-19 pandemic is a wake-up call for water security issues. It makes us acutely aware how crucial access, and ability, for adequate hand hygiene are for reducing transmission risks of communicable diseases. An estimated 40% of households globally lack access to basic handwashing facilities. A recent cross-cultural study of household water insecurity experiences (HWISE) found that nearly one in four of 6,637 randomly sampled households across 23 sites in 20 low- and middle-income countries. Similar water, sanitation and hygiene problems impact on poorer families in high-income nations too.</p><p>We explore the challenge of hand hygiene in a changing water world and reflect on the importance of making rapid progress towards “ensure availability and sustainable management of water and sanitation for all” (UN Sustainable Development Goal 6). We contest that urgent action on water security is essential to better prepare societies for the future, including global health crises. Drawing on the latest evidence, we provide recommendations on how to increase handwashing, and improve human health and wellbeing more broadly, by reducing water insecurity. Across our world, policymakers must focus on: investment in water infrastructure, water independent alternatives, and behavioural change and knowledge promotion. Moreover, we must prioritise holistic, evidence-based solutions that address 3 facets of water (in)security: availability, quality & accessibility.</p>


Worldview ◽  
1973 ◽  
Vol 16 (8) ◽  
pp. 21-28
Author(s):  
Koji Taira

In order to be truly the body of Christ in the world, the Church seeks the right to give free, unrestricted expression to its basic functions such as worship, proclamation, fellowship, service and teaching. In an avowedly Christian country it legitimately proceeds on the assumption that this right is given. Apartheid legislation and custom, however, place serious restrictions on these basic functions, as well as on the overall administration of the Church.Apart from specific restrictions contained in legislation, there is also the inhibiting factor of uncertainty engendered by the wideness and vagueness of many regulations and laws. A climate of opinion has developed, encouraged by the plethora of regulations and laws, which makes even legally permissible actions seem doubtful and possibly dangerous.


2016 ◽  
Vol 14 (3) ◽  
pp. 608-616
Author(s):  
Michael C. Cant ◽  
Safura Mohamed Kallier ◽  
Johannes A. Wiid

Research over the years has shown that in order for any business to survive, the correct product mix must be offered to the market. If the product does not satisfy the needs of the market, its reason for existence can be questioned. This principle applies to all businesses – big or small. The question arises if SMEs adhere to this fact and, if so, how they go about doing this. SMEs over the world make huge contributions to economic growth and job creation and are seen to be a driving force for economic growth and development in any economy. In the highly competitive environment that SMEs operate in, selecting the right merchandise for the right customer is important and, in most instances, its ability to survive or perish. This study aimed to determine if SMEs in South Africa make decisions regarding the product mix and, if so, if they conform to different profiles regarding the decisions that they make. A questionnaire was used to collect the data and was sent to SMEs around South Africa operating in different industries. The results indicated that SMEs in South Africa consider product characteristics, consumer behavior and strategic aspects when making product mix decisions. Keywords: merchandising, product, SMEs, product mix, business, South Africa. JEL Classification: M00, M300, M310


Water Policy ◽  
2020 ◽  
Author(s):  
Catherine Fallon Grasham ◽  
George Neville

Abstract Urban water security is of critical global and local importance. Across many parts of low- and middle-income countries, urban water security either remains elusive or is becoming stressed. Rapid urbanisation and climate change are two key drivers of resource insecurity and at the forefront of urban water discourse. However, there are manifold and complex socio-political processes functioning alongside these megatrends that are often underemphasised. Drawing on three urban case studies in Ethiopia, we highlight these structural issues and the need for their continued consideration to fully understand and address urban water insecurity. Household water-use surveys, semi-structured interviews and participatory exercises with community residents, stakeholders and informal water vendors were used as part of a mixed-method approach in three urban areas. We found that government-managed urban water supplies were intermittent and unsafe, resulting in economic, health and time-use burdens for households, and that the socio-political dimensions reproducing urban water insecurity have historical roots. We argue that the uncertainty of climate change and unprecedented urbanisation do not offer sufficient explanation for why urban water insecurity persists. Moreover, we call for caution in only employing these narratives, to avoid obscuring deeply rooted challenges within socio-political systems. We call for socio-political processes to continue to be a central component of future interventions that seek to improve urban water insecurity.


Author(s):  
Ed Couzens ◽  
Devarasi Maduramuthu ◽  
Adrian Bellengère

One of the gravest constraints which South Africa faces in its efforts to promote development and to lift much of its population out of poverty is the relative scarcity of its water. Significant changes were made to South Africa’s water law in the 1990s, especially with the promulgation of the National Water Act 36 of 1998. In terms of this Act a Water Tribunal was created which ought to have enhanced water security and to have provided a settled forum to adjudicate disputes and to assist in developing the jurisprudence of water law. Instead the Tribunal appears to have created almost as much confusion as clarity before it was dissolved in much uncertainty over whether it would continue in existence or not. A recent judgment in the Gauteng High Court (The Trustees of the Time Being of the Lucas Scheepers Trust, IT 633/96 and Others v MEC for the Department of Water Affairs, Gauteng and Others) has created uncertainty by departing from the precedent of a relatively recent judgment in the North Gauteng High Court (Escarpment Environment Protection Group and Wonderfontein Community Association v Department of Water Affairs and Xstrata Alloys (Pty) Ltd and The Water Tribunal). In the context of the uncertainty created by the falling into desuetude, at least between 2011 and 2016, of the Water Tribunal, and contradictory indications from National Government, litigants have been forced to seek other fora for remedies. On occasion, courts have been sympathetic and given sensitive judgments – on occasion they have not. Against this background of inconsistent jurisprudence, it is important that there be greater clarity of rights, duties and institutions, and that institutions become settled as soon as possible so that a consistent jurisprudence can begin to emerge in the water rights field. While the situation stabilizes, which it is hoped that it will soon begin to do, it is suggested that both courts and government act with circumspection in considering applications concerning water use rights; and be sensitive of the current uncertain circumstances when making decisions. The difficulties of ensuring water security and administrative fairness in South Africa demand nothing less.


2021 ◽  
Author(s):  
Hosea Olayiwola Patrick

Abstract The vulnerability of Africa to climate change extremes and eventual impacts is extremely high due to the weak coping strategies prevalent in the continent. The peculiarity of South Africa to these vulnerabilities, especially for water security, is an issue of socioeconomic and policy issue. Based on the premises of human security, the study assesses the coping strategies of rural communities in South Africa, focusing on uMkhanyakude District Municipality, KwaZulu-Natal province, given the effects of climate change-induced water scarcity on the area. The study employed a multilayered descriptive mixed method triangulation approach. It focused specifically on the connection between water and climate change and the adopted everyday vertical and horizontal coping strategies. The findings revealed a strong correlation between the behavioral and traditional coping strategies in the study area, water depletion/scarcity, and climate change. It also showed that government institutions are reactionary in their response to climate change-induced impacts. The study, therefore, recommends a pre-resilience mechanism that makes institutions and individuals proactive rather than adopting a reactionary post-resilience strategy in response to the effects of climate change-induced water security.


Author(s):  
Iu. Khvatov

The basic principles that guide the United Nations to allocate specific groups of countries requiring special attention from the international community to the problems of their sustainable development are described. The difference in the scale and structure of aid to the least developed countries; landlocked developing countries; small island developing countries and heavily indebted poor countries is analyzed. The specificity of the approach of the World Trade Organization to the definition of countries with preferential access to the markets and the countries with differential treatment regime is revealed. The criteria that guided the International Monetary Fund and the World Bank to identify those developing countries which have the right of access to preferential lending conditions are analyzed. It is proposed to divide all the developing countries on: high-income emerging economies; middle-income frontier economies and least developed countries.


2016 ◽  
Vol 3 (1) ◽  
pp. 25-44 ◽  
Author(s):  
Kezia Batisai

 Critical engagement with existing scholarship reveals that many postcolonial African states have set up legal frameworks which institutionalise heterosexuality and condemn counter-sexualities. Clearly discernible from this body of literature is the fact that non-complying citizens constantly negotiate ‘the right to be’ in very political and gendered ways. Ironically, narratives of how these non-complying citizens experience such homophobic contexts hardly find their way into academic discourses, irrespective of the identity battles they fight on a daily basis. To fill this scholarly gap, I first insert the question of diaspora into the argument made extensively in literature that gender, sexuality and homophobia are intrinsic to defining national identity in postcolonial African states. Subsequently, I capture the experiences of queer Africans that emerged out of fieldwork conducted in Johannesburg and Cape Town, South Africa, between 2011 and 2014. The focus is on the narratives of sexual minorities who migrated permanently to South Africa to flee draconian legislation and diverse forms of sexual persecution in Zimbabwe, Uganda and Nigeria. Juxtaposed with the experiences of South African sexual minorities, deep reflections of how queer foreign nationals have experienced their bodies beyond the borders of their respective homelands tell a particularly interesting story about the meaning of the postcolonial state, read through the intersections of gender, sexuality and diaspora discourses. Local and foreign sexual minorities’ experiences are replete with contradictions, which make for rich and ambivalent analyses of what the reality of being a sexual minority in (South) Africa means. Contrary to queer Africans who construct living in South Africa as an institutionalisation of ‘liberty’, sexual minorities of South African origin frame the country’s democracy as an intricate and confusing space. Although analysed in this article, this conundrum paves the way for further engagement with the interplay between sexuality, homophobia and migration/diaspora discourses, which are often invisible to queer research on the continent.


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