Water minister Calle Schlettwein has operationalised the Water Resources Management Act to allow for equitable access to potable and a sufficient quantity of water within a reasonable distance.
The notice in the Government Gazette was issued by the minister on 29 August 2023.
“Under section 134 (1) of the Water Resources Management Act [of] 2013, I determine that that Act comes into operation on the date of publication of this notice in the gazette,” Schlettwein said.
The Act effectively repealed the Water Act 54 of 1956, which applied the rules of well-watered countries of Europe to the arid climatic conditions of Namibia.
“[The Water Act] was designed for South Africa, and selectively applied to what was then South West Africa [present-day Namibia]. This legal regime was, therefore, not suited to our hydrological conditions, and political, social and economic realities of present-day Namibia.
[The] outdated legislation remained in force until the new Water Resources Management Act 11 of 2013 came into force upon signing by the Minister on 29 August 2023,” reads part of a presentation by the ministry, seen by New Era.
In essence, the Water Act and regulations provide for the management, development, protection, conservation and use of water resources in the country.
The Act also provides for the establishment of a Water Advisory Council, Water Regulator and Water Pricing Policy and Basin management committees to manage water resources sustainably.
At the heart of the Act is a clause that states “… ensure that the water resources of Namibia are managed, developed, used, conserved and protected in a manner consistent with, or conducive to, the fundamental principles”.
Its fundamental principles include equitable access for all to safe drinking water, access to a sufficient quantity of safe water within a reasonable distance, and the harmonisation of human water needs with environmental ecosystems.
The Act will also provide for open and transparent information about water, recognition of the economic value of water and prevention of water pollution, while water polluters will be liable for clean-ups.
Council
Chief among the key institutions to be established is the Water Advisory Council.
This council will advise the minister on water policy development and review, water resources management as well as water abstraction and use.
Matters raised by Basin Management Committees and administrative matters will be referred to the council by the minister.
Meanwhile, the Water Regulator will determine tariffs or fees levied by the water service provider, tariffs or fees payable for the abstraction of water or discharge of effluent, operational targets of water service providers, and monitoring the performance of water service providers.
The regulator will likewise advise the minister on compliance by water service providers. The minister responsible for water must furthermore develop a water pricing policy.
Flowing down, the Basin Management Committee will advise on the protection, conservation and control of water, promote community participation, recommend the application of licences, and collect, manage and share data.
The committees will then help resolve conflicts relating to water.
The Water Tribunal is an appeals body to hear and decide appeals in matters referred to in section 120 [of the Act]. An appeal can be launched against any decision of the minister, e.g. refusal to issue a licence, refusal to grant the transfer of a licence, determining the term of licence, refusal to renew a licence, amendment of a licence, etc.
The presentation continues: “Section 129 (1) determines that the minister may make regulations in relation to any matter required or permitted to be prescribed by regulation under this Act. [The] set of regulations are completed with the assistance of the Ministry of Justice’s legal drafters by the end of 2021. [The] minister signed off the regulations, and the Act commenced on 29 August 2023 – the date it was published in the Gazette.”
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