Legislation

South Africa's water sector is governed by a comprehensive and progressive legal and policy framework, anchored by the Constitution's guarantee of the right of access to water. Understanding this framework is essential for water researchers, practitioners, planners, and decision-makers. The resources below bring together the key national legislation, policy documents, and strategic frameworks that shape how water resources are managed, allocated, protected, and researched in South Africa.

Please note that legislation may be amended over time. Users are encouraged to verify that they are referencing the most current version of any Act via the South African Government Gazette.

Primary Legislation

National Water Act (Act 36 of 1998) The cornerstone of South Africa's water law, establishing a framework for the sustainable and equitable management of the country's water resources in the public interest. It introduced key concepts including the Reserve, Catchment Management Agencies, Water User Associations, and the licensing of water use.

Water Services Act (Act 108 of 1997) Governs the provision of water supply and sanitation services, setting out the rights and duties of water services authorities and providers, and establishing norms and standards for water services delivery.

Water Research Act (Act 34 of 1971) The founding legislation for the Water Research Commission, establishing the WRC's mandate to promote, coordinate, and fund water research in South Africa.

Conservation of Agricultural Resources Act – CARA (Act 43 of 1983) Provides for the control of the utilisation of natural agricultural resources in order to promote the conservation of soil, water, and vegetation, and to combat weeds and invasive plants.

Spatial Data Infrastructure Act (Act 54 of 2003) Establishes the South African Spatial Data Infrastructure (SASDI) to facilitate access to and sharing of spatial information — directly relevant to GIS-based water resource management and monitoring.

National Policy

National Water Policy White Paper (1997) The foundational policy document that preceded the National Water Act, setting out the principles of equitable access, sustainability, and efficiency that underpin South Africa's post-apartheid water governance framework.

National Water Conservation and Water Demand Management Strategy (2007) A national strategy for reducing water demand and improving the efficiency of water use across all sectors, including agriculture, industry, and domestic use.

National Water Policy Review: Approved Water Policy Positions (2013) An updated review of national water policy positions responding to implementation challenges and emerging pressures in the water sector since the original White Paper.

National Strategies & Plans

National Water Resources Strategy – First Edition (NWRS1) (2004) The first national strategy for managing South Africa's water resources within the framework of the National Water Act, covering water availability, allocation, infrastructure, and institutional arrangements.

National Water Resources Strategy – Second Edition (NWRS2) (2013) The updated national water resources strategy addressing growing water scarcity, infrastructure backlogs, climate change, and the need for improved water governance and institutional performance.

National Water Resources Strategy – Third Edition (NWRS3) (2023) The most recent national water resources strategy, building on the NWRS2 and providing updated strategic direction for the protection, use, development, conservation, management, and control of South Africa's water resources.

Irrigation Strategy of South Africa (2015) A strategic framework for the development and management of irrigation in South Africa, covering water allocation, infrastructure investment, and the role of irrigation in food security and economic development.

National Water Security Framework for South Africa (NWSFSA) – Summary, Principles and Recommendations (2020) A high-level framework produced by the National Planning Commission outlining principles and recommendations for achieving national water security up to 2050, in support of the National Development Plan.

National Water and Sanitation Master Plan – Volume 1: Call to Action (2018) A comprehensive master plan setting out the investment, institutional reform, and operational improvements required to address South Africa's water and sanitation challenges over the following decade.

Additional Legislation

National Environmental Management Act – NEMA (Act 107 of 1998) The overarching environmental governance legislation that establishes the principles for decision-making on all matters affecting the environment in South Africa. NEMA applies directly to water-related environmental authorisations, impact assessments, and compliance and enforcement actions.

National Environmental Management: Biodiversity Act – NEMBA (Act 10 of 2004) South Africa's first national law dedicated to biodiversity, providing for the management and conservation of freshwater and terrestrial ecosystems, the protection of threatened species, and the establishment of the South African National Biodiversity Institute (SANBI).

National Disaster Management Act (Act 57 of 2002) Establishes South Africa's national disaster management framework, directly relevant to the governance of flood and drought disaster risk reduction, response, and recovery.

Municipal Systems Act (Act 32 of 2000) Governs how local government plans and delivers services, including water and sanitation, and establishes the framework for integrated development planning at the municipal level.