Notice No. 1220

13 November 2020

GG 43900

Department of Water and Sanitation

I, T Balzer, in my capacity as acting Director -General of the Department of Water and Sanitation (DWS), on reasonable grounds believe that a water shortage exists in certain areas of the Mzimvubu-Tsitsikamma Water Management Area in the Eastern Cape Province, due to insufficient rains in the 2019/20 rainfall season and below average rainfall predictions for the oncoming months, as well as a high water demand, that it is necessary to limit the taking of water from the Algoa Water Supply System (WSS) and other water schemes and dams listed in this gazette.

The Minister of Water and Sanitation may, in terms of section 6(1) of Schedule 3 of the National Water Act of 1998 (Act 36 of 1998) (The Act) limit the use of water in the area concerned if the Minister, on reasonable grounds, believes that a water shortage exists within the area concerned. This power has been delegated to me in terms of Section 63(1)(b) of the Act.

Therefore, in my capacity as the acting Director-General of the Department of Water and Sanitation I hereby under delegated authority in terms of section 6(1) of Schedule 3 read with section 72(1) of the Act, limit the taking and storing of water in terms of section 21(a) and 21(b) of the Act by all users in the geographical areas listed and described below, as follows:

Table 1: Dams & sub-systems of the Algoa WSS with restricted allocations for 2020/21, (based on operation risk assessments and Algoa WSS Operating Forum meeting decisions of 25th June 2020)

Table 2: Groundwater resource restrictions per area

Table 3: Water Schemes with restricted use, (based on Dam Operating Rules and risk assessments).

All the affected Water Service Authorities must ensure that all domestic water users, at least, have access to basic water service and that potable water supply to all domestic water users is not completely restricted.

In exercising these powers I have given preference to, the maintenance of the Reserve, treated all water users on a basis, that is fair and reasonable, considered the actual extent of the water shortage, the likely effects of the shortage on the water users, the strategic importance of any water use and any water rationing or water use limitations by a Water Services Institution having jurisdiction in the area concerned, under the Water Services Act 108 of 1997.

Placing limitation on the taking of water use as set out in this notice is an administrative action, affecting the rights of the public as contemplated in section 4 of the Promotion of Administrative Justice Act 3 of 2000 (PAJA). After I have taken into consideration all relevant factors, including those referred to in section 4 (4) (b), I have decided that it is reasonable and justifiable in the circumstances to depart from the requirements referred to in section 4 (1)(a) to (e), (2) and (3) and instituted this limitation without allowing the water users affected and other role players to comment on the matter before I institute the limitation.

This Notice overrides any other previous authorization on water use issued by the Department relating to water users from systems, schemes, dams and catchments specified in this Notice.

Trevor Balzer

Acting Director-General

Date: 09/10/2020