# summary

- Link: https://dearsouthafrica.co.za/dws-water-regulations/summary/
- Published: 2026-04-09T15:57:17+02:00
- Author: dearSA

_Advert_

_Advert – scroll down_

[ have your say](https://dearsouthafrica.co.za/dws-water-regulations/#havasay)

### _Update – 13 April_

Following the high volume of public input, the Department of Water and Sanitation
has issued a clarification and scheduled further public consultation meetings for
15, 16, and 20 April. While the Department maintains that they do not intend to 
restrict access, the 10-year lease cap remains a core part of the proposal. We have
included the Department’s full response and presentation below for your review.

[Response from the Department of Water and Sanitation](https://dearsouthafrica.co.za/dws-water-regulations/summary/#1738150189952-44103674-e29d31d9-c3be5520-2543737f-6f0f)

Thank you for your e-mail and comment

We acknowledge receipt of your comments.  Due to the number of similar comments 
raised, if you would like further information beyond the information below and attached,
the department is proposing a further three online meetings for further discussion
where you will be able to request further clarification. Please find attached for
ease of reference the proposed regulations as well as presentations made during 
public engagement.

If you would like to make use of this opportunity you are requested to confirm your
attendance on one of the four invitation links below. If the need arises and based
on additional comments received the Department may consider further substantive 
comments after the due date.

The Department of Water and Sanitation (the Department) notes the concerns raised
regarding the proposed Regulations for the Management and Control of Government 
Waterworks and Surrounding State-Owned Land. The Department would like to emphasise
that these are Draft Regulations currently in the public consultation phase. This
allows the opportunity to provide inputs to the Regulations, so the final Regulations
are balanced, well-informed and practical for all involved parties.

The Department would also like to provide clarity regarding the content of the Regulations.
The Regulations do not intend to restrict or criminalise the access to dams or the
recreational use of dams. They provide the framework to better manage all activities
on Departmental dams in a safe, equitable, and sustainable manner.

With regards to land use access, in instances where an individual, club or business
lawfully leases state land from the Department they will have access in accordance
with the land and dam surface in line with the terms agreed in the lease.  The Department’s
Land Lease Policy, the Public Finance Management Act, 1999 (Act No. 1 of 1999) and
requirements as set out in the Department’s application process. Private land inundated
by dams owned by the Department has servitudes registered to the Department to enable
the storage of water and floodwater and to permit access by the Department to fulfil
its functions.  The Servitudes further contains conditions to the landowners in 
terms of access and use of the surface of the dams.

The proposed regulations do not limit access and use of the private land beyond 
the servitude conditions.  Where commercial activities or events on the surface 
of the dams originate from these private parcels of land a commercial lease is required
and stipulated on the lease policy to enable safe access on our dams in line with
existing South African Maritime Safety Regulations and Recreational Events Regulations.

Additionally, there has been much discussion regarding the use of gill nets. The
regulations do not permit the use of gill nets or nets that catch a high volume 
of fish or commercial fishing activities without going through the water use authorisation
process. This issue has been raised during public meetings and commitments have 
been made during these meetings to prohibit the use of gill nets i.e. will not be
allowed at all.  Any further inputs will be considered once the commenting period
has closed.

The Department remains committed to balancing public access, infrastructure protection,
and sustainable use of Government Waterworks while still supporting the economic
activities associated with these waterworks.

Kind Regards
 Anet Muir Chief Director Water Use Compliance and Enforcement

 ⌊Loader⌉ Loading...

 ⌊EAD Logo⌉ Taking too long?

 ⌊Reload⌉ Reload document

 | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/04/13131954/25-11-26-GWW-Regulations-Consultation-presentation.pdf)

[Download [5.83 MB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/04/13131954/25-11-26-GWW-Regulations-Consultation-presentation.pdf)

[Online meeting dates and links](https://dearsouthafrica.co.za/dws-water-regulations/summary/#1738150189975-5d0623dc-47dc31d9-c3be5520-2543737f-6f0f)

_**Meeting 1:** _ Wednesday 15 April 2026 @ 18h00

    - [click to join Teams meeting](https://teams.microsoft.com/l/meetup-join/19%3ameeting_MWQ4YmRkNWQtYjUxMS00OWI2LWJhN2EtNWNkYTU0ZDVmMTc2%40thread.v2/0?context=%7b%22Tid%22%3a%22c0491358-a254-4466-ab3d-ff428faeea29%22%2c%22Oid%22%3a%22c0c6d73f-7e02-46cd-94fb-9b9dea4efcc5%22%7d)

**_Meeting 2_:** Thursday 16 April 2026 @ 12h00

    - [click to join Teams meeting](https://teams.microsoft.com/l/meetup-join/19%3ameeting_MWQ4YmRkNWQtYjUxMS00OWI2LWJhN2EtNWNkYTU0ZDVmMTc2%40thread.v2/0?context=%7b%22Tid%22%3a%22c0491358-a254-4466-ab3d-ff428faeea29%22%2c%22Oid%22%3a%22c0c6d73f-7e02-46cd-94fb-9b9dea4efcc5%22%7d)

**_Meeting 3:_** Monday 20 April 2026 at 18h00

    - [click to join Teams meeting](https://teams.microsoft.com/l/meetup-join/19%3ameeting_MWQ4YmRkNWQtYjUxMS00OWI2LWJhN2EtNWNkYTU0ZDVmMTc2%40thread.v2/0?context=%7b%22Tid%22%3a%22c0491358-a254-4466-ab3d-ff428faeea29%22%2c%22Oid%22%3a%22c0c6d73f-7e02-46cd-94fb-9b9dea4efcc5%22%7d)

### _Analysis of the DWS Claims (from the above response)_

[Access & Criminalisation](https://dearsouthafrica.co.za/dws-water-regulations/summary/#1776080548330-8bad4cb2-169b)

The DWS claims there is no intent to criminalise access. However, the draft regulations
still state that access is only legal through “authorised points” or via formal 
agreements. The “gap” between their intent and the actual legal text of the draft
is a key point for participants to comment on.

[The 10-Year Lease Cap](https://dearsouthafrica.co.za/dws-water-regulations/summary/#1776080548371-4f8cc1f9-c677)

The presentation confirms the 9-year and 11-month lease maximum. This validates 
the “unbankable” concern—while the Department frames this as a “standard” policy,
it doesn’t change the fact that banks generally require 20-year terms for financing.

[Servitudes vs. Private Land](https://dearsouthafrica.co.za/dws-water-regulations/summary/#1776080640440-1a0e7168-c443)

The DWS clarifies that they only control the “servitude” areas (the land they have
a legal right to flood or use). For landowners, the concern remains whether the 
state’s management of that servitude effectively blocks the use of their remaining
private land.

### _Balanced Overview of the Policy_

[Legal Framework](https://dearsouthafrica.co.za/dws-water-regulations/summary/#1776078683098-6bb6d8b6-0e07)

**Arguments IN FAVOUR (Department Objectives)**
 Modernisation: Replaces the outdated
1964 regulations with a framework suited to modern environmental and safety needs.

**Arguments AGAINST (Potential Threats)**
 Primary Law Conflict: Secondary regulations
appear to override the National Water Act (Schedule 1), which entitles citizens 
to “reasonable recreational use” without a licence.

[Public Access](https://dearsouthafrica.co.za/dws-water-regulations/summary/#1776078683141-b1b9ca97-0557)

**Arguments IN FAVOUR (Department Objectives)**
 Equitable Use: Aims to correct 
past imbalances by creating formalised public picnic areas and community access 
cards.

**Arguments AGAINST (Potential Threats)**
 Criminalisation: Traditional access (
boating/fishing) becomes a criminal offence unless a formal lease or agreement is
concluded.

[Economy & Property](https://dearsouthafrica.co.za/dws-water-regulations/summary/#1776078683186-86052e91-6748)

**Arguments IN FAVOUR (Department Objectives)**
 Economic Growth: Unlocks potential
for Public-Private Partnerships (PPPs), houseboats, and floating restaurants to 
create local jobs.

**Arguments AGAINST (Potential Threats)**
 “Unbankable” Leases: Leases capped at
~10 years (9 years, 11 months) with no automatic renewal make 20-year property bonds
impossible to secure.

[Environmental Care](https://dearsouthafrica.co.za/dws-water-regulations/summary/#1776078683233-a66a370f-34d5)

**Arguments IN FAVOUR (Department Objectives)**
 Conservation: Implements “Wash 
Bays” and mandatory monitoring to prevent the spread of invasive species and pollution.

**Arguments AGAINST (Potential Threats)**
 De Facto Expropriation: The state claims
control over private land below the 1:100-year flood line without compensation to
title-deed holders.

[Safety & Control](https://dearsouthafrica.co.za/dws-water-regulations/summary/#1776078683279-176166a4-5e33)

**Arguments IN FAVOUR (Department Objectives)**
 Standardised Safety: Ensures all
dams have uniform Aids to Navigation (AtoN) and incident reporting systems.

**Arguments AGAINST (Potential Threats)**
 Administrative Burden: Shifts the state’s
monitoring and enforcement duties onto private citizens, clubs, and lessees.

[Institutional Rules](https://dearsouthafrica.co.za/dws-water-regulations/summary/#1776078683327-d2e397e6-63c0)

**Arguments IN FAVOUR (Department Objectives)**
 Conflict Resolution: Uses “Zoning
Maps” to prevent clashes between different users (e.g., skiing vs. angling).

**Arguments AGAINST (Potential Threats)**
 Restrictive Entry: Access is at the “
discretion” of a Competent Authority, removing the general public’s right to entry.

### _Questions and answers_

[Who do these regulations affect?](https://dearsouthafrica.co.za/dws-water-regulations/summary/#1763554389233-fdb8fee6-6da45520-2543737f-6f0f)

Anyone who lives near, works on, or visits a government-owned dam. This includes
property owners with servitudes, fishing and sailing clubs, guesthouses, and the
general public who use dams for recreation.

[What is an "unbankable" lease?](https://dearsouthafrica.co.za/dws-water-regulations/summary/#1763554389265-aa09206a-77665520-2543737f-6f0f)

Financial institutions generally require a lease period that matches the length 
of a mortgage bond (usually 20 years). If a lease is restricted to 9 years and 11
months with no guarantee of renewal, banks are unlikely to grant loans, making it
impossible to buy, sell, or improve properties in these areas.

[Is it becoming illegal to fish or boat?](https://dearsouthafrica.co.za/dws-water-regulations/summary/#1763554389298-fbc55a3c-817c5520-2543737f-6f0f)

Under the proposed regulations, traditional access is only “legal” if a formal agreement
or lease is in place with the Department. Without this, activities like launching
a boat or fishing from the shore could be treated as a criminal offence.

[What is a "1:100-year flood line" concern?](https://dearsouthafrica.co.za/dws-water-regulations/summary/#1771840733358-e4b2d08e-b226737f-6f0f)

Many private landowners have title deeds that extend to the water’s edge. These 
regulations suggest that the state will take “control and management” of any land
below the flood line, even if it is privately owned, without offering compensation.

[Why is the National Water Act (NWA) mentioned?](https://dearsouthafrica.co.za/dws-water-regulations/summary/#1771840767171-e194ee95-bf82737f-6f0f)

The NWA is the primary law in South Africa. Schedule 1 of the Act explicitly allows
for “reasonable recreational use” of water. There is a legal concern that these 
new regulations are trying to remove a right that the primary law already gives 
to every citizen.

The draft regulations

 ⌊Loader⌉ Loading...

 ⌊EAD Logo⌉ Taking too long?

 ⌊Reload⌉ Reload document

 | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/04/09161756/53963gon7002.pdf)

[Download [376.56 KB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/04/09161756/53963gon7002.pdf)

Vaal Dam Resource Management Plan (RMP)

 ⌊Loader⌉ Loading...

 ⌊EAD Logo⌉ Taking too long?

 ⌊Reload⌉ Reload document

 | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/04/09162139/Vaal-RMP-Final.pdf)

[Download [2.75 MB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/04/09162139/Vaal-RMP-Final.pdf)

_The Case Study: Vaal Dam_
 The Vaal Dam is a unique case because, unlike most South
African dams, the state does not own a large shoreline buffer. Instead, it operates
within a servitude of storage. This means most land around the dam is privately 
owned, and access has historically been through private estates, sailing clubs, 
and guest houses.

### _In the News_

    - NovaNews — [Strong opposition emerges to Water Department’s proposed access restrictions](https://novanews.co.za/firm-opposition-to-proposed-legislation-on-water/)
    - Democratic Alliance — [DA acts to safeguard public access to state dams and support local economies](https://fs.da.org.za/2026/04/da-acts-to-safeguard-public-access-to-state-dams-and-support-local-economies)

### _Statements and media releases_

Click on a logo to view.

Want to display your organisation’s statement? [Click here. ](https://dearsouthafrica.co.za/dws-water-regulations/summary/ dws@dearsouthafrica.co.za?subject=org info for DWS regulations info page)

Close

### Cape Independence Party

 **CAPEXIT Party strongly opposes the Business Licensing Bill in its entirety on
all points:**

**Preferential licensing**
 The Bill explicitly empowers the Minister to grant licences
on a “preferential” basis and to impose conditions that advance “historically disadvantaged
individuals” or other designated groups. This is nothing less than state-sanctioned
racial and ideological discrimination dressed up as transformation policy.

CAPEXIT rejects the notion that the state has any legitimate role in deciding which
racial or social group may or may not operate a business. Such preferential licensing
will:

    - Reintroduce apartheid-era economic controls under a new ideological banner;
    - Create a cronyist system where access to markets is determined by political
      connections and demographic criteria rather than merit, innovation or consumer
      demand;
    - Discourage both domestic and foreign investment, as investors will rightly
      fear that their businesses can be denied licences or subjected to arbitrary
      conditions on racial or political grounds.

No free society licenses businesses on the basis of the owner’s skin colour or historical
narrative. This clause alone renders the entire Bill unconstitutional and morally
indefensible.

**Principles of business licensing**
 The Bill fails to articulate any coherent,
objective, or proportionate principle for requiring a general business licence in
the first place. Instead, it presumes that every enterprise – from a street vendor
to a multinational corporation – must seek prior permission from the state simply
to exist and trade.

This reverses the fundamental principle of a free economy: citizens should be free
to engage in lawful economic activity without state permission unless there is a
clear, evidence-based justification (e.g. public health, safety or environmental
protection).

The Bill provides no such justification. It is a blanket assault on economic freedom,
reminiscent of the licence-permit raj that crippled India’s economy for decades.
Requiring a general “business licence” in addition to existing sector-specific permits(
liquor, health, zoning, etc.) serves no legitimate public purpose – only the purpose
of expanding state control and creating new opportunities for rent-seeking and corruption.

**Powers of inspectors**
 The Bill grants inspectors extraordinarily broad and invasive
powers, including warrantless entry into private premises, seizure of documents 
and goods, and the ability to close businesses on the spot. These powers are ripe
for abuse and will be weaponised against political opponents, non-compliant businesses,
and any entrepreneur who refuses to pay bribes.

In a country already plagued by corruption scandals, handing unelected officials
the power to enter and shut down businesses without judicial oversight is an open
invitation to extortion. Small businesses, spaza shops, and informal traders – many
of them immigrant-owned – will be particularly vulnerable to harassment and shakedowns.
Far from promoting transformation, this will simply create a new class of “licence
inspectors” who enrich themselves at the expense of the poor.

**More red tape**
 South Africa already ranks poorly on the World Bank’s Ease of
Doing Business index, largely because of regulatory overreach. This Bill adds yet
another layer of costly, time-consuming bureaucracy on top of SARS registration,
municipal permits, B-BBEE compliance, UIF, COIDA, sector SETA requirements, and 
dozens of other licences.

The compliance costs – application fees, mandatory consultations, endless paperwork,
and the risk of arbitrary refusal – will crush startups and force thousands of small
businesses to close or remain informal. Jobs will be lost, investment will flee,
and the tax base will shrink. The Western Cape, which has consistently outperformed
the rest of South Africa precisely because of lighter and more efficient regulation,
will see its competitive advantage deliberately sabotaged by Pretoria.

**Conclusion**
 The Business Licensing Bill is not reform – it is economic sabotage.
It centralises power in the hands of an already overreaching and underperforming
national government, reintroduces racial criteria into commerce, and erects new 
barriers to entrepreneurship at a time when South Africa desperately needs growth
and jobs.

CAPEXIT calls for the complete withdrawal of this Bill. The people of the Western
Cape, and indeed all South Africans who believe in freedom, will not accept a return
to a permit-based economy controlled by bureaucrats and political gatekeepers.

For a free, prosperous, and non-racial future, this Bill must be rejected in its
entirety.