Draconian Dam Regulations, Threaten to Block Public Access and Affect Jobs

Statement by Dr Igor Scheurkogel MP – NCOP Spokesperson on Water and Sanitation:

The Democratic Alliance (DA) has fought alongside communities to oppose draconian water regulations that have now been halted for further consultation.

The Department of Water and Sanitation (DWS) proposed regulations to bar public access to government waterworks, which includes public dams. This would have had a devastating impact on jobs, tourism, and local economies that rely heavily on public access to South Africa’s dams and water sites.

The DWS has since announced that the proposed draconian regulations have been placed on hold.

The DA supports minimising barriers to entry and reforming the regulatory environment to support small businesses, grow the economy and create jobs.

This development follows extensive public participation and objections submitted by thousands of South Africans, businesses, tourism operators, recreational users, property owners, and civil society organisations.

The DA specifically objected to aspects of the proposed framework because it threatened to severely limit public access to dams, tourism activities, recreational use, and the rights of existing businesses and communities that have operated around dams for decades. The Department has now explicitly acknowledged concerns regarding public access, private landowners, and the implementation of Resource Management Plans.

We want to sincerely thank every South African who took the time to participate in the public consultation process, submit objections, raise concerns, and make their voices heard. This outcome demonstrates why public participation matters in a constitutional democracy.

Too often citizens believe that regulations, laws, and government decisions are predetermined and that public comments make no difference.

This process has proven the exact opposite. When South Africans actively participate, government is compelled to listen, reconsider, and improve proposed regulations to better reflect the needs and realities of the people.

The DA believes that meaningful public participation is essential to building policies that protect constitutional rights, support economic activity, promote tourism, and preserve public access to shared national assets such as our dams and waterways.

We will continue to closely monitor the next phase of consultations to ensure that any revised regulations remain practical, balanced, and respectful of the rights and livelihoods of South Africans.

DWS Response:

The Department of Water and Sanitation (DWS) is appreciative to all interested and affected parties for the extensive public participation and constructive inputs received on the Proposed Draft Regulations for the Management and Control of Government Waterworks and Surrounding State-Owned Land during the public consultation period that closed on the 15th of April 2026.

Among the concerns raised by stakeholders are the impact on existing general access for visitors, provisions relating to the development and implementation of Resource Management Plans, and the rights of private landowners where the Department has servitude of storage to impound the water of the dams, and the provisions in the draft regulations related to gill nets.

The Department is currently working through the extensive comments received and will be reviewing the draft regulations to ensure clear, practical regulations to enable continued safe activities on Departmental dams whilst supporting and growing tourism, hospitality and economic activities in and around its dams and on the land that it owns and controls.

Based on the comments and inputs received to date, it is foreseen that amendments to the regulations will be substantial and that a further round of public consultation will be required. Current approved Resource Management Plans (RMPs) in place and that were in the process of being implemented, including the RMP for the Vaal Dam, are being placed on hold and will be reviewed once the regulations have been finalised to ensure alignment with the updated Departmental Land Lease Policy governing state land under its control and these Regulations. The role, scope, and application of Resource Management Plans will also be addressed in the review of the draft regulations.

The Department has also received substantial public comment regarding the authorisation and use of gill nets within Government Waterworks. Following consideration of stakeholder concerns and the potential environmental and safety implications associated with gill net usage, the Department intends to prohibit the use of gill nets in the next revised draft of the Regulations and provisions will be subject to the next round of consultations.

The Department remains committed to a transparent, inclusive, and consultative regulatory development process. In this regard, DWS will undertake additional and more comprehensive stakeholder engagement informed by the additional registered stakeholders during the next phase of consultations to ensure that all interested and affected parties have a meaningful opportunity to contribute to the finalisation of the Regulations.

The Department once again thanks all stakeholders and members of the public for their valuable participation and continued interest in the responsible management, protection, and sustainable use of Government Waterworks and surrounding state-owned land. The purpose of any consultation process is to ensure that stakeholder concerns, recommendations, and technical inputs are carefully considered before Regulations are finalised.

Once the Department is in a position to publish the revised draft regulations a media statement will again be done on dates and venues of consultations.