New regulations threaten property rights and public access to dams – AfriForum

The Department of Water and Sanitation’s proposed regulations on the management and control of government waterworks are an unjustified and unlawful attempt to restrict public access to dams and expand state control over private property. This according to AfriForum, who has today submitted formal comments opposing the draft regulations published on 16 January 2026.

AfriForum emphasises that it supports responsible water management, but that the proposed regulations go far beyond this objective. They introduce a parallel regulatory system that undermines existing rights, imposes excessive administrative burdens and places ordinary recreational use of dams under state control.

A major concern is that members of the public will require permission to access dams owned or managed by the state, such as the Vaal Dam. Failure to do so could result in individuals facing criminal prosecution. This effectively criminalises long-standing activities such as boating and fishing that have taken place lawfully for decades.

The regulations also threaten private property rights. Landowners adjacent to dams would be forced to comply with extensive requirements and enter into agreements with the state to gain access to water from their own properties. This amounts to a deprivation of property rights without proper justification.

AfriForum is particularly critical of the apparent motive behind the regulations. The framework points to an attempt to commercialise access to dams by requiring lease agreements and payments for the use of water and adjacent land in favour of the state. This undermines the principle that water is a public resource held in trust for all. At the same time, the proposed system is administratively unworkable. It introduces complex approval processes and compliance requirements that are unlikely to be implemented effectively, especially within a Department already facing capacity constraints.

More broadly, the regulations distract from the real crisis in the water sector. While government seeks to control the use of waterworks such as dams for recreation, it fails to maintain infrastructure and prevent large-scale sewage pollution of rivers and dams.

“These regulations are not about responsible water management – they are about control. The Department is attempting to replace a lawful system with an unworkable framework that will restrict public access and undermine property rights,” says Marais de Vaal, AfriForum’s Advisor for Environmental Affairs.

AfriForum calls on the Department to withdraw the proposed regulations and to engage properly with stakeholders. Communities and water users must be part of solutions, not subjected to regulatory overreach.

Click here if you want to support AfriForum’s efforts to protect public access to water resources and hold government accountable.