OBLIGATION TO ACCEPT THE CATCHMENT MANAGEMENT STRATEGY

1. Department of Water Affairs and Forestry OBLIGATION TO ACCEPT THE CATCHMENT MANAGEMENT STRATEGY PRESENTATION TO THE CONFERENCE ORGANISED BY THE VAAL RIVER CATCHMENT ASSOCIATION AND PARTNERS 20TH SEPTEMBER, 2005 E KARAR SENIOR MANAGER: INSTITUTIONAL GOVERNANCE

2. CONTENTS • INTRODUCTION. • MATURE ORGANISATIONS. • CMS ACCEPTABILITY. • CMS SUCCESS. • CMS REQUIREMENTS. • WHOSE DECISION IS IT ANYWAY! • RECOURSE. • RISKS.

3. INTRODUCTION 1 From the White paper; Principle 12:”The national Government is the custodian of the Nation’s water resources, as an indivisible national asset. Guided by its duty to promote the public trust, the National Government has ultimate responsibility for, and authority over, water resource management, the equitable allocation and usage of water and the transfer of water between catchments and international water matters.”

4. INTRODUCTION 2 CATCHMENT MANAGEMENT AGENCIES (White paper s 7.2.4) • Will be developmental in nature. • Serve the interests of equity, corrective action and optimum use of water. • Any function must be performed within the parameters of national policy and standards. • The governance structure will balance the requirement to reflect the interests of various stakeholders with the need to ensure the effective management of the catchment area.

5. Some criteria of a mature organisation Progressive delegations to mature CMAs that have; • a representative and effective board. • sound scientific and technical capacity both HR and Information systems. • sound consultation structures capable of involving the poor and the marginalised (women and persons with disability). • demonstrated alignment and rigorous engagements with local and provincial government spheres affected and interested in the management of water. • ability to mobilise local resources and collect charges. • Good corporate governance.

6. CMS ACCEPTABILITY CRITERIA CAN BE • Alignment with the NWRS, PDGS, IDPs, etc. • The driver of change being social equity and economic development. • Provide balance between resource use, protection and economic growth. • Gives effect to international agreements. • Endorsed and owned by the respective majority users.

7. CMS SUCCESS WILL DEPEND ON; • Partnership between role players. • Mature organisation. • Transparency. • Good information base. • Effective decision support systems. • Being gradual and progressive. • Financial viability • Commissioning activities being completed.

8. SOME CMS ADMINISTRATIVE AND REGULATORY REQUIREMENTS • Guidelines for developing a CMS. • Criteria for CMS evaluation. • CMS approval protocol. • Criteria and guidelines for the delegation of functions. • Guidelines for conflict management. • Business plans of CMAs.

9. WHOSE DECISION IS IT ANYWAY?PRINCIPLES; • Users can make better local decisions. • Users can identify priority actions within operational limitations. • Users are capable of making tradeoffs to ensure equitable, sustainable and economically viable water management. • National government’s objectives.

10. WHOSE DECISION IS IT ANYWAY?PROCESS; • CMS developed with consultation of stakeholders. • CMS gazetted for not longer than 90 days. • CMA to communicate how comments were handled and concerned users to be informed of outcome. • CMS submitted to Minister. • Minister to approve or not and why.

11. WHOSE DECISION IS IT ANYWAY?REGULATION; • Consultation is sharing views while developing CMS. Guidelines for and consultation on CMS section 10(2); In developing a CMS, the CMA MUST consult with; • The Minister • Any organ of state which has an interest in the content, effect or implementation of the CMS and • Any persons, or their representative organisation • Whose activities affect or might water resources within their WMA • Who have an interest in the content, effect or implementation of the CMS.

12. RECOURSE Section 34 of the Constitution provides that everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court, or where appropriate before another independent and impartial tribunal or forum.

13. MEDIATION Section 150(1) of the NWA:”The Minister may at anytime and in respect of any dispute between any persons relating to any matter contemplated in this Act, at the request of a person or on the Minister’s own initiative, direct that the persons concerned attempt to settle their dispute through a process of mediation and negotiation.”

14. APPEALS • Appeals can be made to the Water Tribunal on issues identified in s 148. Appeals from decisions of Water Tribunal; S149(1) “A party to a matter in which the Water Tribunal; • Has given a decision on appeal under s 148, may, on a question of law, appeal to a High Court against that decision; or • Has determined the liability for compensation or the amount of compensation under section 22(9), may, on a question of law, appeal to a High Court against that determination.”

15. RISKS • Responsible citizenry. • Regulatory mechanisms. • Commissioning activities. • Resource limitations; • HR • Finance • Information • Cooperative government.