As the Environment Month draws to a close, the SAHRC has decided to put a spotlight on water which is inextricably linked to the environment. The SAHRC is concerned that the right to access clean water – a constitutional entitlement – is under threat. As a result, the SAHRC has published a policy brief delving deeper into the systemic sabotage of essential water infrastructure, particularly by so-called “water mafias.”

The policy brief published by the SAHRC with the expert assistance of the Dullah Omar Institute at the University of the Western Cape highlights the prevalence of systemic sabotage of essential water infrastructure and its impact on the public and the economic costs associated with this practice. The policy brief outlines various legislative and policy mechanisms at the disposal of the state, which could be utilised in addressing the systemic sabotage of essential water infrastructure.

The policy brief seeks to be a clarion call to the law enforcement agencies and other state actors across all levels to use various legislative and policy instruments to root out systemic sabotage of water infrastructure. The policy brief makes several advisory recommendations which include among others:

• That the Cabinet Member responsible for policing: Add activities targeting water services infrastructure to the policing priorities and needs in the Draft National Policing Policy (October 2023); and Finalise and adopt the Draft National Policing Policy.
• That the Office of the President: Proclaim and promulgate the remainder of the Critical Infrastructure Protection Act 8 of 2019.
• When the Critical Infrastructure Protection Act 8 of 2019 comes into operation, the Minister responsible for the administration of the Act: Declare all water services infrastructure as critical infrastructure in terms of the Critical Infrastructure Protection Act 8 of 2019.
• That the deliberate sabotage of water services infrastructure be considered as constituting a crime in terms of section 3(1) of the Criminal Matters Amendment Act 18 of 2015.
• That the deliberate sabotage of water-related infrastructure to the extent where it is deliberately accompanied with an intent to instil fear, public panic or overthrow the current order while causing serious water disruption should be considered as constituting a terrorist activity in terms of the Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Act 23 of 2022.

The SAHRC has already shared the policy brief with the Presidency; the Minister of Police; the Minister of Water and Sanitation; the National Director of Public Prosecutions; and the Office of the Chief Justice for them to take note of the advisory recommendations contained in the policy brief.

The SAHRC urges government not to dither in tackling and addressing the systemic sabotage of essential water infrastructure. The SAHRC cautions that if left unchecked, the systemic sabotage of essential water infrastructure, poses a threat to a water secure South Africa.

 The policy brief is accessible on the SAHRC website www.sahrc.org.za

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