Department of Water and Sanitation Sues 53 Municipalities, Refers 42 Cases to NPA
- The Department of Water and Sanitation launched legal action against 53 water services authorities across all nine provinces
- Basic water delivery compliance collapsed from 90% to 68%, with the crisis linked to financial misconduct at the local government level
- Proposed amendments to the Water Services Act could strip non-compliant municipalities of the right to deliver water
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SOUTH AFRICA — The Department of Water and Sanitation has taken legal action against 53 water services authorities nationwide, referring 42 of those cases directly to the National Prosecuting Authority (NPA).
According to News24, the department, which set a deadline of 23 July 2026 for water use registration, confirmed the legal offensive as data showed basic water delivery compliance falling sharply from 90% to 68%. Officials attributed the decline not to drought or funding shortfalls, but to financial misconduct at the local government level.
Xolani Zwane, deputy director-general for regulation, compliance and enforcement, stated that revenue generated from water sales is routinely diverted by municipalities to fund unrelated operations rather than being reinvested in water infrastructure. The consequence, he said, is that close to half of the country's water authorities are currently supplying water that does not meet safe drinking standards.
Municipalities accused of looting water revenue
Five court settlements have already been secured, compelling certain municipalities to redirect funds back into water services. However, some of those municipalities have continued to fall short of their obligations even after the court orders were issued. The National Treasury has confirmed that local municipalities collectively bring in more than R500 billion each year. Despite that revenue base, widespread governance failures, critical skills gaps, and an inability to pay staff or sustain basic infrastructure remain persistent problems across many of these authorities.
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Licensing system and ring-fencing proposed under new law
To address the misappropriation of water funds, the department has proposed amendments to the Water Services Act. Under the proposed changes, a mandatory licensing system would be introduced, and municipalities that fail to meet compliance thresholds would be required to transfer water delivery responsibilities to independent service providers.
The amendments would also make it compulsory for municipalities to ring-fence water revenue, preventing it from being absorbed into general municipal budgets and spent on other priorities. The combination of active prosecution and proposed legislative reform signals a significant shift in how the department intends to hold water authorities accountable for one of the country's most critical services.
New rules for borehole drilling
In a related article, Briefly News reported on new draft regulations in South Africa that may impose strict registration rules on homeowners with boreholes. As the government aims to curb unregulated groundwater use, individuals risk severe penalties, including hefty fines and potential imprisonment, if they do not comply.
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Source: Briefly News
