2011
DOI: 10.4314/wsa.v37i4.16
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Contested water rights in post-apartheid South Africa: The struggle for water at catchment level

Abstract: The National Water Act (1998) of South Africa provides strong tools to redress inequities inherited from the past. However, a decade after the introduction of the Act, access to water is still skewed along racial lines. This paper analyses the various ways in which the Water Act is contested, based on empirical data detailing the interactions between smallholder farmers and commercial farmers in a case-study catchment in KwaZulu-Natal Province. The paper argues that the legacy of the apartheid era still domina… Show more

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Cited by 22 publications
(22 citation statements)
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References 38 publications
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“…Since Black South Africans could not own land, except in specially designated 'homeland' areas, this system favoured white commercial farmers, who had the right to use water to which they had access (Dollar et al, 2010;Kemerink et al, 2011). The National Water Act (NWA, No.…”
Section: Introductionmentioning
confidence: 99%
“…Since Black South Africans could not own land, except in specially designated 'homeland' areas, this system favoured white commercial farmers, who had the right to use water to which they had access (Dollar et al, 2010;Kemerink et al, 2011). The National Water Act (NWA, No.…”
Section: Introductionmentioning
confidence: 99%
“…This study shows that when we identify ecosystem services and associated property rights it exposes the complexity of stakeholders thereby avoiding the tendency to regard users as a necessarily a 'united community' (see also Kemerink et al 2011). When these links are made explicit it becomes easier for individuals and groups to claim their rights.…”
Section: Factors Driving the Property Rights Regime Shiftsmentioning
confidence: 99%
“…As Kemerink et al (2011) claim, the local water com-mittees and the traditional authority were too weak to sanction law breakers particularly as they had the support of central government. The pluralistic form of the property rights regime that emerged undermined the traditional property rights regime.…”
Section: Post-impoundment Era (Phase 2: Post 1986)mentioning
confidence: 99%
See 1 more Smart Citation
“…This paper attempts to explain this unforeseen response to, and outcome of, the water reform process, and critically analyses the consequences for access to water in the catchment. In this way, the paper contributes to the ongoing discussion on the implications of water reform processes for rural African waterscapes (Wester et al, 2003;Zawe, 2006;Swatuk, 2008;Kemerink et al, 2011;Komakech et al, 2011;Van Koppen et al, 2014).…”
Section: Introductionmentioning
confidence: 99%