WRITTEN SUBMISSIONS: WATER SERVICES AMENDMENT BILL [B24 – 2025]

The Centre for Environmental Rights (CER) submitted written comments on the Water Services Amendment Bill [B24 – 2025], welcoming the introduction of a licensing regime for Water Services Providers (WSPs) and personal liability for directors and municipal managers. However, the CER raised significant concerns regarding the concentration of authority in the Director General, the lack of mandatory environmental and public-health standards in the licensing process, and the absence of emergency enforcement mechanisms for acute pollution events. The CER argues that while the Bill improves governance, it fails to address systemic under-funding of infrastructure and climate-change resilience.

• The CER supports the proposed licensing regime for Water Services Providers (WSPs) to ensure that only entities with the necessary technical, financial, and governance capacity are permitted to operate, thereby enforcing minimum standards.
• The CER identifies a risk of politicisation and administrative overload because the Director General of the Department of Water and Sanitation (DWS) holds authority over policy formulation, regulation, licensing, and enforcement.
• The proposed licensing process is criticized for not requiring verifiable evidence that an applicant can meet environmental and public-health standards, meaning a licence could be granted to an entity unable to supply safe drinking water or treat wastewater.
• There is a regulatory gap regarding environmental remediation; the Bill allows for the suspension or revocation of a licence for failure to provide services but does not legally oblige the licensee to repair environmental damage, such as groundwater or river contamination.
• The CER warns that the Bill lacks a fast-track or emergency enforcement mechanism to address urgent public health threats or active pollution of water resources, relying instead on a phased process of notices and representations.
• The CER commends the introduction of personal criminal liability for directors and municipal managers under section 82A, viewing it as a deterrent to promote legal compliance and prevent the pollution of water resources.
• The transitional arrangements allow existing service-delivery mechanisms to operate for up to 18 months while applying for licences, but the CER believes this may be insufficient given the administrative incapacity of many municipalities.
• The CER suggests the Bill should be expanded to include mandates for climate-change resilience, a national framework for wastewater reuse and recycling, a centralized digital information system, and sustainable financing models like green bonds.

APA

Centre for Environmental Rights (2026). WRITTEN SUBMISSIONS: WATER SERVICES AMENDMENT BILL [B24 – 2025]. https://cer.org.za/wp-content/uploads/2026/04/28-02-2026-CER-submissions-to-the-Water-Services-Amendment-Biil-B24_2025.pdf?x21779

Chicago

Centre for Environmental Rights. WRITTEN SUBMISSIONS: WATER SERVICES AMENDMENT BILL [B24 – 2025]. 2026. https://cer.org.za/wp-content/uploads/2026/04/28-02-2026-CER-submissions-to-the-Water-Services-Amendment-Biil-B24_2025.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=WRITTEN SUBMISSIONS: WATER SERVICES AMENDMENT BILL [B24 – 2025] |date=28 February 2026 |url=https://cer.org.za/wp-content/uploads/2026/04/28-02-2026-CER-submissions-to-the-Water-Services-Amendment-Biil-B24_2025.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2026written, author = {{Centre for Environmental Rights}}, title = {{WRITTEN SUBMISSIONS: WATER SERVICES AMENDMENT BILL [B24 – 2025]}}, publisher = {Centre for Environmental Rights}, year = {2026}, month = feb, url = {https://cer.org.za/wp-content/uploads/2026/04/28-02-2026-CER-submissions-to-the-Water-Services-Amendment-Biil-B24_2025.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }