Enabling Environment for Sanitation in
South Africa
Jean de la Harpe
What’s this presentation about?
Enabling environment for sanitation in South Africa
5 main pillars
• Constitutional, policy and legislative framework
• Institutional framework
• Sector collaboration and support
• Financial framework
• Monitoring and regulation
Challenges
2
Do we have an
enabling
environment?
Police brought in to manage
community protest over poor
services in the Western Cape
3
South Africa’s poor renew a tradition of protest
Protesters chant slogans in the township of Siyathemba. Such “service
delivery protests” have become a regular occurrence in South Africa
4
Enabling environment
Constitutional, policy and legislative
framework for sanitation
5
Enabling Environment for Sanitation in South Africa
Constitutional context
6
•
Access to water and sanitation services are a basic human
right
•
“The state must take reasonable legislative and other
measures, within its available resources, to achieve the
progressive realisation of each of these rights”
•
Water and sanitation services is assigned to local government
•
National government is responsible for regulating the
performance of local government in terms of water and
sanitation services – it also is obliged to support and
strengthen the capacity of local government to provide these
services
•
The Constitution contains strong elements of decentralisation
and the need for co-operative governance
Policy and Legislative Framework
7

Given the inequalities and failures of the apartheid government
policy, new approaches were required to provide sustainable
services and to dramatically increase service provision coverage

The 1994 Water Services White Paper set out policy for the water
and sanitation services function and addressed issues of equity –
some for all for ever

The Water Services Act was promulgated in 1997 and defined the
municipal functions of water and sanitation

From 1998 to 2000, local government policy and legislation were
finalised to pave the way for ‘developmental’ local government

In 2003 a Strategic Framework for water and sanitation was
developed, providing a comprehensive approach to the provision
of water and sanitation services – building on progress made
towards establishing democratic local government and
developments in the sector
The Water Services Act, 1997 – some key points
 Provides a flexible, developmental legislative framework for the
provision of water and sanitation services
 Promotes and aims to strengthen local government
 Creates mechanisms for monitoring local government, by
consumers, and provincial and national government
 Sets national norms and standards and requires water services
development planning
 Distinguishes between the authority function (governance) and the
service provision function
 Establishes statutory bodies to support and assist local government
and provides for the monitoring and regulation of these bodies
8
Decentralisation
9

Our Constitution, our local government legislation and our water
services legislation creates a legal framework where service
provision is decentralised to local government

Increasingly our institutional, planning, financial, support and
regulatory frameworks are structured towards decentralization.

Local authorities receive financial support from the National
Treasury in terms of capital grants for infrastructure, operating
grants for free basic services, as well as capacity building
grants to improve performance.

The Strategic Framework for Water Services provides an
institutional vision that reinforces the executive authority of local
authorities for water and sanitation services.
The South African water
and sanitation policy
provides:
• a 10 year vision for the
sector
• the objectives and
targets to be achieved
within the sector
• the institutional,
financial, regulatory,
support and monitoring
frameworks for the
sector
• clarity on the roles and
responsibilities of
sector players
10
The policy:
Is a comprehensive approach to the provision of
water supply and sanitation
It sets out an umbrella framework to enable the
sector vision to be achieved
It provides a clear set of targets with timeframes
and who is responsible for achieving these targets
It clarifies institutional roles and responsibilities in
the sector
11
Targets for sanitation
All people in South Africa have access to a functioning basic sanitation
facility by 2010.
All bucket toilets are eradicated by 2006.
Investment in water & sanitation infrastructure in the sector totals least
0.75% of GDP.
70% of households with access to at least a basic sanitation facility
know how to practise safe sanitation by 2005 (and 100% by 2010).
Free basic sanitation policy implemented in all water services
authorities by 2010
By-laws are promulgated in every water services authority area by
2005.
All water services authorities report annually on progress against their
water and sanitation services development plans by 2005
All services providers are rendering services in terms of a contract by
2005
12
Free basic sanitation policy
• Purpose: to assist in promoting affordable access by poor
households to at least a basic level of sanitation service
• The challenges of providing free basic sanitation are threefold:
• Infrastructure provision. provision of the sanitation facility to poor
households (together with the necessary supporting infrastructure)
• Health and hygiene promotion must be provided and properly
managed between the municipality responsible for environmental
health, the water services authority and the water services provider.
• Subsidising the operating and maintenance costs for the poor
using the equitable share and/or through cross-subsidies within the
water services authority area. These funds must be paid to the water
services provider or directly to the households.
13
Free basic sanitation policy – choice of technology
• The policy does not define the technology to be used in providing
free basic sanitation
• Technology selection is strongly dependent on settlement conditions
(urban, rural, peri-urban, density, financial viability, existence of a
WSP to ensure sustainable operation) and thus this is the decision
of the WSA – and is key to providing free basic sanitation services in
a sustainable manner
• Operating the service. In rural areas households need to manage
the sanitation facilities themselves as WSPs operating in these
areas lack the capacity to empty or relocate Ventilated Improved Pit
toilets (VIPs). Subsidy arrangements therefore take these factors
into account.
14
Free Basic Sanitation Policy
• Subsidies for free basic sanitation cover hygiene promotion costs
and operating costs (calculated per household per month for each
settlement type and technology used)
• This subsidy is paid to the WSP or directly to the household.
• WSAs decide appropriate technical solutions based on the level of
subsidy (overall) they can provide on an ongoing and sustainable
basis for sanitation (from equitable share and cross-subsidies)
• The policy recognises that local circumstances vary greatly
between WSA areas – thus the application of the free basic
sanitation policy by WSAs is be flexible.
15
Basic services – first step
• WSAs have to ensure the progressive realisation of the right of all
people in its area of jurisdiction to receive at least a basic level of
sanitation services (first step)
• They must ensure adequate and sustainable investments in
sanitation services infrastructure to realise this right
• The municipal infrastructure grant (MIG) is to ensure universal
provision of at least a basic sanitation facility within a reasonable
period of time. This is called a universal service obligation and is the
most important policy priority.
16
Enabling environment
Institutional arrangements
17
Enabling Environment for Sanitation in South Africa
Institutional framework water and sanitation
n
water services sector
water services authority
(local government)
constitutional responsibility
for water services provision
service delivery
agreements
local water
services provider
consumer
charter
by-laws
operational responsibility
for water services provision
regional water
services provider
consumer contracts
consumer
water resource supply contracts
external agencies providing raw water
water resources sector
18
Local government is the responsible authority
 Since water and sanitation services are the responsibility of
local government, the municipality is the water services
authority
 This means it has executive responsibility for
 ensuring access
 water services development planning
 making bylaws and regulating
 fulfilling the provider functions itself or entering into a
contract / partnership with a water services provider
 The water services authority is thus responsible for all the
governance functions and it cannot delegate this responsibility
to any other entity
19
Service provision options
 The Water Services Act and the Local Government Systems Act
recognise that a municipality might not have the necessary capacity
to provide the service to consumers
 Therefore the authority can contract a service provider to fulfill the
actual provision of services, including operations and maintenance,
customer relations, revenue collection, administrative and financial
management
 A service provider can be:
 Another municipality
 A water board
 A private entity
 A public entity
 A community based organisation
20
Partnerships for provision
 One of the key reasons for differentiating between the authority and
the provider functions was to promote partnerships between
authorities and providers
Contract
WSA - WSP
WSA = municipality who contracts a water
services provider
 Another reason was to ensure good governance through
promoting the role of the authority
21
Enabling Environment
Sector collaboration and coordination
22
Enabling Environment for Sanitation in South Africa
Sector collaboration
 A major part of the enabling environment for water and sanitation in
South Africa is the sector wide approach (SWAp) called
Masibambane – meaning let’s work together
 Purpose: to strengthen the water services sector; to support local
government; to improve the quality of life of poor communities by
improving their access to basic water supply and sanitation services
 It is sector support programme led by the Department of Water
Affairs and involving all players in the water sector
 Collaborative structures were established at national and provincial
level and in some cases at local level as well
 A strong culture of consultation and finding consensus developed in
the sector. Sector collaboration is the hallmark of Masibambane
23
The SWAp
• The SWAp started in 2001 for a 3 year period as a pilot
– It focused on providing support to water and sanitation
services only (i.e. not water resources)
– It targeted national and three of the nine provinces
• In 2004 it expanded to the entire country
• In 2007 it expanded further to include water resources
• The move towards a full sector wide approach in the sector was
therefore incremental (not the entire country and not the entire water
sector to start off with)
• The original budget was Euro 334 million – the final budget was
Euro 4145 (with 82% from SA government and 18% provided by
donors)
24
Main achievements of the SWAp
 Strategic Framework for Water and Sanitation approved by Cabinet
 National sanitation policy finalised and approved by cabinet
 Joint policy on transfer of water and sanitation services finalised and
implemented
 National water and sanitation sector leadership group established
 Provincial Sector Forums established in each region
 Sector-wide concept rolled out to other provinces
 Nearly 3 Million people served with water infrastructure
 1 Million people served with sanitation infrastructure
 Single planning, monitoring and reporting systems established through
the spheres of government
25
Achievements
• Joint support strategy developed and implemented across the
sector
• Improved water and sanitation governance at the local level
• Greater collaboration as a single sector with co-ordination and
joint decision making at national and provincial level
• Increased access to technical expertise
• Gender, appropriate technology, HIV/AIDS, the environment and
civil society are addressed as part of service delivery from
planning to service provision
• Water and sanitation plans are developed at local, provincial and
national level
• Budgets and implementation plans are aligned to the policy
objectives and targets
26
Some areas of concern
• Sustainability of services, particularly operations and
maintenance
• Success in decentralisation in some areas but not others
• Very time consuming getting all stakeholders on board
• Varying success with regards to efficiency and effectiveness
• Quality of sanitation services
• Monitoring system
• Dependency on consulting support
• Sustainability of the programme itself (dependent upon high
level of political support – which changes over time)
27
Enabling Environment
Financial Framework
28
Enabling Environment for Sanitation in South Africa
Financial Framework
• Sanitation policies, targets and ongoing services are supported by
the financial framework where:
• The Municipal Infrastructure Grant (MIG) subsidises sanitation
infrastructure for the poor
• The Equitable Share (ES) subsidises the operation and
maintenance costs of sanitation services for the poor (free basic
sanitation services)
• The Local Government Capacity Support Grant provides
institutional support to municipalities to fulfil both their authority and
provider functions
• Financial support is also provided against municipal action plans
from Masibambane to ensure access to technical support and
training
29
Enabling Environment
Regulation
30
Enabling Environment for Sanitation in South Africa
Regulatory framework – local regulation
water services authority
local regulator of water services
same
organisation
31
• determines local policies
• determines local standards
• promulgates by-laws
• plans to provide services
• determines investments
• sets tariffs
• manages contracts
contracts
with other
organisations
internal water
services provider
external water
services provider
water services authority provides
services itself in conformity with
local policies, by-laws, standards
and business plan
external water services provider
provides service in conformity with
contract and business plan
Regulation is a key part of the enabling
environment
32
Drinking water quality and waste water
management certification
• WSA’s receive Blue Drop Status (Drinking Water Quality) or
Green Drop Status (Waste Water Management) if they comply
with legislation and best practice requirements
• The onus is on WSAs to provide DWA with information
• Incentive system
• Blue drop or Green drop status provides citizen’s with information
on the confidence the Department of Water Affairs has in the
WSA to manage drinking water quality and waste water services
• Increasingly comprehensive and stringent criteria will be
introduced to facilitate a phased, continuous improvement
approach
33
Enabling environment
Constitutional,
policy, legislation
Collaboration and
coodination
34
Institutional
Framework
Financial
Framework
Regulatory
Framework
Flush in South Africa - 2010
35
Presentation Title
Main reason for
providing toilets is
about dignity …………
Makhaza Toilets:
An Affront To
Human Dignity and
a Threat to Safety
& Security
36
Western Cape ‘toilet wars’ escalate with more
mudslingin • 30 June 2010, 17:58:41 (South Africa)
37
Getting it right …
PROJECT POO
…. understanding the relationship between
people and the toilet
38
“Flies and maggots are making my life a misery”
“The smell is bad and it looks bad.”
“The toilets are not private enough. Doors break easily, people steal
them and thugs hide inside because they do not lock.”
“My dignity is compromised.”
“It is too dark.”
“Toilets are too close to the house. We
cannot cook freely and maggots creep inside.”
“Toilets fill too quickly. There are no
chemicals to make them empty.”
“They don’t flush!”
39
The toilet, as a space, means many things to many people:
Freedom, comfort, relaxation, smoking and just being oneself
Private space to be alone with thoughts
Prevents the spread of disease and is critical for society
Prayer, meditation, reflection, being at peace with yourself
It is about escaping for a quiet moment to read or dream
Dodging employer, parent, teacher, guardian…
Represents your right to life and ensures personal dignity and pride
40
Based on the research …
• Ethekwini made fundamental changes to their sanitation programme
• Shifted to urine diversion
• Overcame the pit emptying problems association with VIP
• Undertook awareness programmes on the benefits of the UD
technology and gained community buy in
• 75% to 89% are now managing to empty the toilets themselves and
have taken ownership of the toilets
• ….toilets are about dignity, status and privacy. They play a critical
role - for example praying, resting, reading, relaxing, and enjoying
time alone
• Success was about understanding this relationship, reaching the
community, determining what needed to be communicated, and how
best this should be done, as well as and follow up
41
Thank you
[email protected]
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Enabling Environment for Sanitation in South Africa