Trans-jurisdictional water governance and implementing the human right to water in South Africa

In April 1994 South Africa held its first full, democratic elections and the African National Congress (ANC) won a 62.6% majority (Harvey, R., 2003, p. 242). This signalled the beginning of a new era of democracy in South Africa and carried with it the promise of equality and dignity for black South Africans. This promise was then enshrined in the new Constitution, which contained a Bill of Rights and protected participation, equality and a wide range of socioeconomic rights, including the human right to water (Constitution of the Republic of South Africa 1996, ss. 7(1), 27, 33(1)). As the Constitution allocates responsibility for the delivery of water services to local government (Constitution of the Republic of South Africa 1996, sch. 4, pt. B), it binds all levels of government to take ‘reasonable legislative and other measures’ to progressively realize the right to water. This chapter situates this division of constitutional responsibilities as a trans-jurisdictional water governance arrangement.