Legal framework for local authorities in South Africa's governance of water pollution with reference to Greater Letaba Municipality

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.