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75% Black Ownership Proposed for Water Rights in South Africa

The South African government has proposed new water licensing regulations that require up to 75% black shareholding, igniting a fierce debate over food security and transformation efforts.
The proposal, outlined in a recent gazette, aims to address perceived historical inequalities in water resource allocation but has drawn sharp criticism from agricultural organizations like AgriSA.
In a discussion on ENCA, Sipho Skosana, Director of Water Allocation at the Department of Water and Sanitation, defended the proposal, stating that it is part of a broader effort to ensure equitable distribution of water resources as mandated by the National Water Act of 1998. “Our calculations show that 98% (unverified) of our water resources are still in the hands of whites,” Skosana explained, emphasizing the need to include black farmers in future allocations to reflect the country’s demographics.
AgriSA, however, argues that the requirement could seriously impact food security. The organization contends that prioritizing black ownership in water rights might disrupt existing agricultural practices, which are crucial for maintaining South Africa’s food supply. “They’re saying that entering black farmers means there won’t be any food security,” Skosana noted, countering that the criticism lacks substantiation and invites AgriSA to engage in a fact-based dialogue.
The proposal is not final and is currently open for public comment, a process Skosana described as essential for refining the regulations. “We are not saying this is the final regulation,” he clarified, urging stakeholders to provide feedback and engage directly with the department.
The 75% quota has also raised questions about the legal basis of the proposal. AgriSA claims that the Department of Water and Sanitation (DWS) did not fully consider other factors outlined in Section 27 of the National Water Act, which includes multiple criteria for water allocation. Skosana responded that the regulations aim to specify how past racial and gender discrimination, of 31 years ago, should be addressed, aligning with the Act’s transformative goals.
The debate extends beyond water rights to broader issues of race classifications in South Africa. Critics accuse the government of granting access to resources based on skin color, a charge Skosana refuted by highlighting the perceived racial imbalance in water resource control. “There is only one skin color that is having 98% (unverified) of the water,” he said.
This controversy comes at a time when South Africa is grappling with significant challenges in water management and agricultural sustainability.
As the public comment period continues, the outcome of this debate could shape future policies on resource allocation in the country.
For more information, contact Wisane Mavasa, Spokesperson for the Department of Water and Sanitation, at 060 561 8935. The window for public submissions remains open, inviting all interested parties to contribute to the dialogue on this critical issue.
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