Water law overhaul: Parliament hinders meaningful public participation
AfriForum warns that parliament’s refusal to extend the public participation period for the National Water Amendment Bill of 2026, risks undermining meaningful public participation on one of the most far-reaching reforms to South Africa’s water legislation since the National Water Act came into operation in 1998.
AfriForum requested the Portfolio Committee on Water and Sanitation to extend the closing date for public comments from 30 July to 31 August 2026 because of the Bill’s breadth, technical complexity and potentially far-reaching consequences. The Committee refused the request without providing any reasons.
“The Constitution does not prescribe a fixed period for public participation on legislation,” says Marais de Vaal, AfriForum’s Advisor for Environmental Affairs. “What it requires is that Parliament must facilitate meaningful public participation. Whether a particular period is sufficient depends on what is reasonable in the circumstances. We requested only one additional month because this Bill fundamentally changes South Africa’s water law and affects virtually every major water user in the country. Refusing that request without any explanation risks undermining meaningful public participation.”
The Bill proposes sweeping changes to the way water resources are allocated and managed. Amongst other things, it seeks to strengthen the Department of Water and Sanitation’s powers to curtail Existing Lawful Water Uses, prohibit private trading in water use entitlements, centralise the reallocation of water, repeal provisions relating to Existing Lawful Water Use, introduce race-based reservation of water allocations, and further regulate the governance and transformation of Water User Associations.
AfriForum says it requested the extension because many affected parties require specialist legal, technical and financial advice before they can properly assess the implications of the Bill and prepare meaningful submissions.
“Public participation is not merely a procedural requirement,” says De Vaal. “It is one of the constitutional safeguards that helps parliament identify unintended consequences before legislation is adopted. The more significant and technically complex the legislation, the more important it becomes that affected parties have a genuine opportunity to engage with it.”
According to AfriForum, the need for careful scrutiny is heightened by the department’s own admission that approximately half of Existing Lawful Water Uses have still not been verified and that the transformation of irrigation boards into Water User Associations remains incomplete nearly three decades after the National Water Act came into operation.
“The department is asking parliament for broader powers to curtail and reallocate water while many of the existing statutory mechanisms have still not been fully implemented,” explains De Vaal. “That is precisely why parliament should encourage, rather than limit, thorough public engagement on the Bill.”
AfriForum confirms that it will submit comprehensive comments on the proposed amendments and encourages all farmers, water users, businesses, civil society organisations and interested members of the public to do the same before the closing date of 30 July 2026.
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