Significant opposition has emerged 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.

The proposed regulations have drawn criticism for potentially jeopardising public access to state dams, undermining private property rights, and threatening local economies that depend on recreational and commercial activities around these vital water sources.

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.

The draft regulations and accompanying Resource Management Plans (RMPs) would require individuals, clubs, and businesses to obtain formal agreements to access water surfaces and adjacent land. This would effectively block direct access from private properties and impose administrative burdens on landowners, turning them into compliance officers for the state. Additionally, longstanding businesses such as sailing clubs, marinas, guesthouses, and tour operators would face uncertainty, increased costs, and short-term lease agreements, which discourage investment and threaten their survival.

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The Democratic Alliance will oppose these regulations, which are both unconstitutional and economically harmful.

By prioritising state revenue over public access and local economic development, the ANC government risks destroying jobs and livelihoods in communities that depend on dam-based tourism and recreation.

Public objections to the detrimental regulations must be submitted before 13 April to:

• By post: Director-General, Department of Water and Sanitation, Private Bag X313, Pretoria 0001
• By hand: Sedibeng Building, 185 Francis Baard Street, Pretoria
• By email:gww@dws.gov.za and cc igors@da.org.za

DA will continue to advocate for public access to state dams, recognise existing lawful recreational uses, and safeguard local economies.