The Department of Water and Sanitation’s draconian dam regulations threaten the economic lifelines for communities living beside dams across South Africa.

The proposed regulations prohibit access to dams except through formalised lease agreements, potentially affecting businesses regardless of whether they operate directly on shorelines. Under the draft rules, Alida Botha, who owns Fish Busters, a fishing tackle store in Deneysville, would need to sign a private-public partnership because she “generates” money from activities related to the Vaal Dam.

The regulations extend to seemingly minor activities, with the draft legislation stating that taking photographs at a dam constitutes an “illegal activity”. Photographers would be prohibited from accessing land next to water surfaces without concluding five separate agreements with the Department of Water and Sanitation.

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Dr Igor Scheurkogel, Democratic Alliance (DA) MP and NCOP Spokesperson on Water and Sanitation, said the party was fighting to remove barriers to entry and reform the regulatory environment to support business growth. “South Africans are empowered when they have a job. These proposed regulations will make it harder for communities that have built their lives around these dams,” he stated.

The regulations affect communities across the country where thousands depend on tourism and recreation around state dams for their economic survival. Many small businesses, accommodation providers, and recreational service operators face potential closure or expensive compliance costs under the proposed framework.

The deadline for public objections to the proposed regulations for “management and control of government waterworks and surrounding state-owned land” closes on Wednesday, 15 April. Scheurkogel thanked the hundreds who have already submitted objections whilst encouraging continued public participation.

The Democratic Alliance has called on affected communities, clubs, and businesses to oppose the draft regulations. Public objections can be submitted through multiple channels: written submissions by post to Director General, Department of Water and Sanitation, Private Bag X313, Pretoria 0001; hand delivery to Sedibeng Building, 185 Francis Baard Street, Pretoria; or email to gww@dws.gov.za with copies to igors@da.org.za.

“South Africans are empowered when they have a job. These proposed regulations will make it harder for the communities that have built their lives around these dams. The DA will continue to fight for jobs and implement strategies to grow the economy,” says Scheurkogel.

NovaNews previously reported that there is significant opposition to the Department of Water and Sanitation’s proposed regulations for managing government waterworks and adjacent state-owned land, with critics arguing the measures represent an unlawful policy shift that threatens fundamental public rights.

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Under the National Water Act, South Africans have long enjoyed established rights to use state dams for recreational purposes, including boating, fishing, and swimming. These rights are protected as “existing lawful water uses” under current legislation, providing a legal framework that has governed public access to state water resources for years.

However, the proposed regulatory changes aim to significantly restrict public access to state dams, potentially criminalising traditional recreational activities that have been enjoyed by generations of South Africans. The regulations would also impose burdensome lease agreements for both recreational and commercial use of these facilities.