Kidd, Michael --- "Realisation of the right to water: lessons from South Africa" [2019] ELECD 2661; in Cullet, Philippe; Koonan, Sujith (eds), "Research Handbook on Law, Environment and the Global South" (Edward Elgar Publishing, 2019) 348

Book Title: Research Handbook on Law, Environment and the Global South

Editor(s): Cullet, Philippe; Koonan, Sujith

Publisher: Edward Elgar Publishing

Section: Chapter 18

Section Title: Realisation of the right to water: lessons from South Africa

Author(s): Kidd, Michael

Number of pages: 23

Abstract/Description:

This chapter considers the South African experiences in relation to fulfilling the right of access to water. It deals with the relevant legal framework and analyses the challenges in relation to achievement of access to water where there was no such access before; deliberate restriction of the right of access to water; and restriction of the right to water that is not deliberate. Cross-cutting issues including the amount of water regarded as ‘sufficient’ and water quality are also evaluated in relation to access to water. The South African experience demonstrates that not only provision of new water services is important, but also non-regression in relation to existing access. It is clear that law plays an important role in achieving both access and preventing undue restrictions to access, but more is needed, such as appropriate financing, good governance and, where necessary and feasible, consumer payment for water services.