Abstract:
This study examines the effectiveness of a particular segment of the legal framework
regarding water pollution control in South Africa. A review is conducted of relevant
environmental legislation (including the National Environmental Management Act
107 of 1998, the National Water Act 36 of 108) and the Water Services Act and
related literature in order to portray the history, scope and content of the water law
framework that applies to local authorities in the specific. In order to situate the
phenomenon of water pollution in the context of the theoretical review, some
observations are included concerning international and domestic developments and
phenomena. The theoretical base of this study is furthermore substantiated and
supported by the inclusion of a basic case study that portrays the actual challenges
facing some local authorities in South Africa in the management and governance of
water resources and the combating of water pollution. This study concludes with a
set of recommendations towards improved water governance and the combating of
water pollution in the local government sphere based on the finding that deficient
compliance and enforcement measures remain a real challenge in municipalities’
effective implementation of South Africa’s water law.