Keywords

Introduction

Southern Africa is synonymous with Southern Africa Development Community (SADC) which is formed by 15 sovereign states (12 continental states and three island states); they include Angola, Democratic Republic of the Congo, Botswana, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe. The regional grouping was formed in 1980 by nine continental member states as the Southern Africa Development Co-ordination Conference (SADCC). It was then transformed into the Southern African Development Community in 1992, seeking to integrate the economies of the region to consolidate regional co-operation and development.

In general, water is a finite and a scarce resource in many parts of Southern Africa region. While in other parts of the region there is seasonal water abundance, in other parts there is perpetual deficit. Rainfall is widespread in the northwest region encompassing the Democratic Republic of Congo (DRC) and scarce in the southwest parts that include Namibia and North Western Cape Province of South Africa. The total annual rainfall ranges from less than 100 mm in the Kalahari and Namib Deserts to over 2000 mm in the north and central tropical regions of Angola and the DRC.

Water scarcity is a recognized norm in a large part of Southern Africa region. The region has very arid conditions in the south-centre and south west of the continent, and is subjected to high climatic variability and highly unreliable rainfall regime which worsens the region’s vulnerability to recurring droughts. The region has unevenly distributed water resources (both temporal and spatial). This unevenness extends to both surface and groundwater resources. The bulk of the regional water resources are found in 15 trans-boundary water courses (Appendix 2.1). In 1991–1992 the region experienced one of its debilitating droughts; this experience appears to have been instrumental in speeding up the implementation of regional integration and water resources management strategies (Fig. 2.1).

Fig. 2.1
figure 1

Southern Africa states (Seychelles not shown on the map) Source Malzbender, D., & Earle, A. (n.d.). Water resources of the SADC: Demands, dependencies and governance responses

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The continental SADC region covers some 9,271,061 km2. The average population growth rate is estimated at 3 % and the density is estimated at 21.6 persons per km2, with just over 30 % of the population in urban areas (SADC 2007). However these figures give a general picture, they need to be adjusted so that they reflect regional disparities and the impact of diseases and rural–urban migration. The region is endowed with an immense and wide variety of natural resources, including minerals, wildlife, forests and fisheries. Collectively, these natural resources form complex ecosystems which support a rich biological diversity which could ensure food security. However water, a key natural resource sustaining the bio-diversity varies significantly in the region, geographically and seasonally. By mid-2000, the region had a population estimate of 240 million people and was expected to double in 25 years; this would definitely create additional demand on the already stressed water situation which, by mid-2000, far exceeded supply. Thus solutions were discussed and proposed and follow ups are currently being pursued with the help of sympathetic donors as well as by the regional group own established interventions.

The regional organ (SADC) was formed with the primary objective of integration and cooperation among member countries with water considered as a critical factor to the integrated and cooperative socio-economic development of the region. As such, the coordinated, sustainable and integrated development and management of the region’s water resources is expected to contribute to the region’s goal of attaining an integrated regional economy built on the basis of balance, equity and mutual benefit for all member states. Water management particularly supports the SADC objectives of poverty reduction, food security, energy security and industrial development, as well as being an instrument to promote peace and cooperation amongst the partners (Fig. 2.2).

Fig. 2.2
figure 2

SADC secretariat headquarters in Gaborone, Botswana. source Malzbender, D., & Earle, A. (n.d.). Water resources of the SADC: Demands, dependencies and governance responses

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SADC’s water resources are an important component in realizing sustainable economic and social development of the region. Besides meeting the basic needs of water supplies for domestic and industrial requirements, sanitation and waste management for large population as well as sustaining a rich diversity of natural ecosystems, the region’s water resources are critical for increasing food security through better management of rain-fed and irrigated agriculture, aquaculture, and livestock production; and improving access and availability of cheap energy through hydropower.

The foregoing facts led to increasing focus on a strategy to develop and manage the region’s scarce water resources and in particular the management of trans-boundary watercourse systems. The critical importance of water to regional integration and economic development was recognized and appreciated by all partners so that the SADC Secretariat was charged with the responsibility of coming up with interventions and management mechanisms and in taking a lead in steering the process. Subsequently, the SADC Water Sector was established in August 1996 renamed the SADC Water Division (SADCWD). The vision of the Water Division is to attain sustainable, integrated planning, development, utilization and management of water resources that contribute to the attainment of SADC’s overall objectives of an integrated regional economy on the basis of balance, equity and mutual benefit for all Member States.

Interventions

This section of the chapter constitutes a snap shot on water policy and strategies that bear witness to endeavors undertaken towards the management of water scarcity including governance and financial issues which have a bearing on sustainability. Policies and strategies provide the framework and guidance to support the implementation of best management practices and suitable interventions. Since the foundation of SADCC in 1980 (now known as SADC), member states have been concerned with management of water resources and sustainability issues. At the inception of SADC each country signed a legally binding treaty through which all member countries agreed to coordinate, harmonize and rationalize their policies and strategies for sustainable development in all areas.

To address the issue of managing water scarcity, the variability, distribution disparity as well as the trans-boundary natural occurrence, the SADC formulated several interventions to address the issues in a comprehensive manner. Several legal and non legal water instruments that were formulated and ratified by all members include:-

  1. (i)

    The SADC Protocol on Shared Watercourses which was adopted 1995 and revised 2000 (Appendix 2.2) was framed to set the rules for the joint management of regional water resources. The overall objective of this Protocol is to foster closer cooperation for judicious, sustainable and coordinated management, protection and utilization of shared watercourses and to advance the SADC agenda of regional integration and poverty alleviation. The Protocol is the SADC legal instrument under which bilateral and multilateral agreements between Watercourse States may be developed. It fosters the development of cooperation at the River Basin level and promotes the concept of Integrated Water Resources Management (IWRM). The IWRM is the fundamental approach that has been adopted by SADC recognizing that water is cross-cutting in nature, both across political boundaries and across sectors.

  2. (ii)

    The SADC Regional Water Policy (RWP) of 2005 was developed to further the implementation of the Protocol and to provide the framework for sustainable, integrated and coordinated development, utilization, protection and control of national and trans-boundary water resources regionally. Furthermore, it provides the context and intent for water resources management, representing the aspirations and interests of member states (Appendix 2.3).

  3. (iii)

    A Regional Water Strategy (RWS) of 2006 was developed to provide the framework for the implementation of the Protocol and the Policy. It contains guidelines on how to realize the actions, responsibilities as outlined in the Regional Strategic Action Plan on Integrated Water Resources Development and Management (RSAP 1998).

    The RSAP defined seven key areas of intervention:

    1. 1.

      Legal and regulatory framework;

    2. 2.

      Institutional strengthening;

    3. 3.

      Linkages with sustainable development policies;

    4. 4.

      Data collection, management and dissemination;

    5. 5.

      Awareness building, education and training;

    6. 6.

      Stakeholder participation;

    7. 7.

      Infrastructure development.

  4. (iv)

    The Regional Groundwater Management Program (GMP 1998). Recognizing that groundwater constitutes a major source of water for large tracts of land within the Southern Africa region, groundwater is one of the priority areas that were identified as needing great management strategies. The GMP was formulated to create an enabling environment for the joint management of shared aquifers by putting in place a framework and specific tools to enable effective resource management.

To facilitate the Protocol, a river basin approach was adopted by all partner states in the planning, development and management of water resources, particularly in shared watercourses. Five River Basin Organizations have been formed so far and through them, it is envisaged that the intent of the regional water policy will be implemented and result in much desired integrated management of all freshwater resources, including groundwater aquifers within their boundaries. This approach includes a holistic approach in the usage of both surface and ground water resources; the reuse of water; proper pollution management and the provision of environmental requirements.

Whereas the RWP and RWS are non-binding guideline documents (though adhered to by all member states as they reflect policy statements jointly agreed upon by all of them), the SADC Water Protocol is the legally binding instrument. The regional water program is defined in the Regional Strategic Action Plan on Integrated Water Resources Management and Development. First developed in 1998, implemented over 5 years 1999–2004 and reviewed in 2004 and revised in 2005 into a more focused RSAP2. RSAP 2, its strategic objectives are based in its mission and objective which include maintaining and sustaining an enabling environment for regional water resources development and management.

The goals of the strategic plan include providing a framework for sustainable, effective and efficient planning and management of shared watercourses at regional and related national levels. It includes promoting and supporting strategic infrastructure development for regional integration, socio-economic development and poverty alleviation as well as developing, promoting and facilitating best practices regarding effective participation by various individual and institutional stakeholders in water resource development and management, including women, youth and other disadvantaged groups. The goals also include building and strengthening human and institutional capacity for sustainable management of water resources at basin, national and regional level.

The SADC Water Protocol on the other hand is the framework governing trans-boundary water resources management in the SADC region. The SADC Water Protocol does not regulate the specifics of basin management in the respective basins of the region. Instead it is a framework instrument that contains the accepted key elements of international water law and makes it mandatory for trans-boundary water resources management in the SADC; the elements include among others, equitable and reasonable utilization and the obligation to give prior notice of planned developments in any of the shared basins.

The SADC Water Protocol provides for basin-wide agreements to be concluded between riparian states, in which the management of the respective basin is regulated in more specific terms. The establishment of shared watercourse organizations is provided in article 5 (3) of the protocol. These are seen as instruments in the implementation of the SADC Water Protocol. Specific River Basin Agreements are negotiated and concluded by parties in shared watercourse for example ORASECOM, ZAMCOM and OKACOM which were agreed upon to oversee the development and management of the Orange-Sengu, Zambezi and Kunene River basins respectively. They all uphold the Principles and Provisions of the Protocol but contextualize them to specifics of the respective basins.

Additionally, the SADC Water Protocol established the institutional framework i.e. the SADC Water Sector Organs at the regional level for the implementation of the Protocol. The primary mandate of the SADC Water Sector Organs is to monitor the application of the SADC Protocol and to facilitate the harmonization of water law and policies between SADC Member States while the Member States each have the obligation to implement and enforce the Protocol in their respective countries. The Member States’ national laws must ensure that obligations stemming from international agreements such as the SADC Protocol or basin-wide water management agreements are being met.

The SADC Regional Water Policy (RWP) highlights various opportunities for water management to achieve the SADC goal and objectives, as well as other recognized international and regional targets such as the Millennium Development Goals, the goals of the African Union on water through its formulated avenues such as NEPAD. The RWP document outlines broad political statements of intent. The policy framework for the RWP is supported by declarations endorsed by Member States including:-

  1. (a)

    The SADC’s vision of a shared future, a future within a regional community;

  2. (b)

    The Southern African water vision of equity and sustainability in the utilization of its water resources for social and environmental justice, regional integration and economic benefit for present and future generations.

  3. (c)

    The Protocol on shared watercourses in the region which strives to foster integration and closer cooperation for judicious, sustainable and coordinated management, protection and usage of shared watercourses.

  4. (d)

    The Dublin Principles of Integrated Water Resources Management (IWRM).

These four declarations together with principles and objectives from the Millennium Development Goals, World Summit on Sustainable Development, NEPAD and multi-lateral agreements between Watercourse States, were combined into twelve policy principles to strengthen the Regional Water Policy:-

  1. (i)

    Water is an instrument for peace, cooperation and regional integration;

  2. (ii)

    Effective public consultation and involvement of users;

  3. (iii)

    Focus on integrated and people-centred planning including fair compensation for affected parties;

  4. (iv)

    Further development of SADC water resources through the joint planning and construction of storage, in order to rectify historical imbalances and promote water supply for irrigation and poor communities;

  5. (v)

    Efficient use of water through demand management, conservation and re-use/recycling, and the efficient use of water in agriculture;

  6. (vi)

    Recognition of the environment as a resource base and a legitimate user of water;

  7. (vii)

    The protection of the environment through appropriate user charges and the enforcement of “the polluter pays” and “waster pays” principles, taking into account equity and social justice;

  8. (viii)

    Integration of water supply, sanitation and hygiene education programs;

  9. (ix)

    Capacity building to ensure that managers of water, waste and sanitation have the requisite knowledge and tools;

  10. (x)

    Ensuring that waste is safely managed at or as close as possible to the point of generation;

  11. (xi)

    Preventing the import (and export) of harmful waste across the national and regional boundaries;

  12. (xii)

    Gender mainstreaming and addressing HIV/AIDS in water resources management.

The IWRM is the common thread that links the elements of the regional policy. IWRM is characterized by methodologies for institutional development, capacity building, stakeholder participation, integrated planning, conflict resolution and environmental management. Guided by the revised SADC Protocol on shared water courses, the Policy encourages SADC member states to exploit opportunities for joint water resources development in shared water courses to amicably prevent and resolve water conflicts and consolidate regional cooperation in accordance with the principles enshrined in the SADC treaty.

The Water Policy emphasizes that water should be developed and managed to provide economic benefits, human dignity and social well-being. In addition to clean drinking water, Member States should seek to provide water for productive activities to alleviate poverty and balanced development. The policy also emphasizes the fact that water is a vital resource for energy in industrial development as well as food security. Hence the policy commits Member States to the protection of human life, common property and the environment against the effects of water-related natural and human-induced disasters. The policy recognizes the role of SADC Secretariat and calls for the creation of an enabling institutional environment that enhances the participation of all stakeholders.

The objective of the SADC water division in the SADC secretariat is to ensure that water in Southern Africa becomes a sustainable resource through coordinated management, protection and equitable use of its shared waters. The division guides the harmonization of national policies and the implementation of activities by all stakeholders recognizing that water is a shared resource that cuts through both physical and political boundaries. The division takes cognizance of the fact that water development and management is not just a regional task but a national one as well involving all stakeholders.

Guided by the signed agreements and declarations, a variety of actions have been undertaken at the regional level as well as at the level of individual Member States and groupings with a shared water source. A range of agreements and regulatory measures and market-based mechanisms have been used. One good examples of these is the permit system being implemented in South Africa where applications for water use in a specific catchment have to be sought beforehand. An application is considered and rated on the beneficial use it makes of the water on the basis of factors such as environmental sustainability, income and jobs generated and ability to contribute to addressing inequality in the country. Likewise, Zimbabwe has a system of Catchment Councils which allocate water use rights in accordance with environmentally defined water use standards. Such systems increasingly rely on the involvement of the water users themselves in managing water supplies (Matros 2009).

Yet another example of measures taken to ensure maintenance of water quality through using market based costs and incentives to curb pollution is that involving the implementation of a water use charge on a large scale where a user, such as a mine or factory discharges polluted water back into the system. The rate charged depends on the types and levels of pollutants the water user is discharging back into the water source. These charges are levied at the local level, with income being used to manage the catchment and improve the state of the environment along the principle of “polluter pays”. These charges then form part of the operating costs of the enterprise concerned and as with any cost there is pressure placed to reduce it. Companies thus invest in water treatment or water re-use technologies to either reduce the volume of return flow they discharge or to clean it to acceptable standards (Matros 2009).

Another good example undertaken in South Africa involves a collaborative water purification project between Anglo Coal’s Kleinkopje and Greenside collieries and Ingwe’s South Witbank Colliery in South Africa. They had to pump out and treat 20,000 m³ a day to prevent acid mine drainage into the surrounding groundwater. The local municipality of Emalahleni was looking for an additional water supply of roughly that amount. A joint venture called Emalahleni Water Reclamation Project was formed and over several years developed a treatment process which made the water safe for municipal use. The municipality has now been contracted to buy this treated mine water, by so doing mitigating its potential water scarcity and also providing an income stream for the coal companies (Matros 2009).

Such win–win solutions are needed for sustainable outcomes to be reached. More of these types of innovative solutions to water scarcity through water quality improvement need to be encouraged throughout the region. Communities ought to be involved more in the management of water resources on which they depend. The solutions lie in collaborative partnerships between the private sector, communities, governments as well as other stakeholders including researchers/academicians and Non-governmental organizations. There are adequate legal and regulatory instruments that have been put in place both by the regional organ and the national governments and by-laws by local governments and individual communities to facilitate such undertakings.

Regional cooperation in water resources development and management is envisaged as an enhancement towards peaceful co-existence between Member States and strengthening of regional security as watercourse states are more likely to safeguard common or shared investments which yield mutual benefits to the participating parties. The Protocol on Shared Watercourses is seen as a formalization of the objectives and mechanisms for this cooperation which is being adapted into bi-lateral and multi-lateral agreements between watercourse states. The cooperation is seen as a promoter of an environment of collaboration and trust between countries; it is contributing towards peace in the region.

The SADC Protocol on Shared Watercourses and other Watercourse agreements provide an opportunity to clearly outline effective dispute resolution processes negotiated by Watercourse States before the conflict arises. Where attempts to prevent disputes have failed, the need for effective dispute resolution is recognized. This may involve coordinated planning and joint management, followed by alternative dispute resolution mechanisms (such as negotiation, conciliation and mediation) where there are disputes, escalating to arbitration, and only involving the SADC Tribunal (or other recognized international adjudication bodies) if other approaches are not institutionalized or do not work. The challenges to managing disputes and conflicts largely relate to the challenges outlined above for regional integration and cooperation in promoting trust and peaceful collaboration.

Challenges

Despite the significant progress made so far, there are several strategic challenges that require further work. The water scarcity rampant in some parts of the region and competing developmental requirements between member states may result in disputes and tension over water. Other challenges arise from a variety of facts including the fact that rainfall in the SADC region is highly variable, with the resulting impact on reliability and disaster associated with droughts; the available water resources are unevenly distributed across the region and water availability and demand are not matched.

Yet another challenge emanates from the fact that there is widespread poverty in the region, with many people not having access to adequate water for basic human needs especially domestic and household purposes as well as water for productive use. The low levels of access to safe drinking water and adequate sanitation adversely impact the livelihoods, health and productivity of the poorest and most vulnerable members of society.

Amongst the key problems that make it difficult to provide people with water in the region is the uncoordinated planning of human settlements. A substantial number of the inhabitants live in the rural areas in the semi-arid south and southwest of the region, dominated by ephemeral rivers, which rely on ground water. Relocating the people is often met with resistance and stigma. There is also a general attachment to ancestral land as well as unwillingness to abandon places with graves and significant cultural sites amongst SADC communities. A good case in point involves the Topnaar community perched along the Kuiseb River in the middle of the Namib Desert who face acute water scarcity, yet they resist relocation (Msangi 2008).

The water infrastructure is unevenly developed across the region so that there is unequal allocation of water among sectors with some sectors like the urban areas being better off than rural areas. Inequality is also found within certain sectors such as urban areas where upmarket areas are better catered for than informal settlements. The global scenario is that the water infrastructure is generally inadequate and often not effectively operated and maintained, so it is unable to meet the growing demands for development and services.

More challenges arise from inadequate and inconsistent water resources information management among the individual states so that there are associated problems for cooperation and planning in shared watercourses. Similarly there is wide range of legal, policy and regulatory frameworks within the Member States making it difficult to establish linkages during enforcement at both national and regional levels, posing challenges for consistent implementation of regional initiatives.

Weak linkages between different sectors and weak information flow and inadequate institutional capacity arising from low levels of awareness, education and training hamper comprehensive and integrated development. Limited or lack of appreciation of the finite nature and economic value of water by some sections of the population and limited awareness and/or lack of effective stakeholder participation and involvement in decision making at a local, national and regional levels, particularly women, the youth, the disabled and the poor remain a great challenge to addressing water scarcity issues in the region.

Sometimes historic considerations of sovereignty by member states tend to limit integration both for the development and management of water resources and more broadly for economic integration. Also there is no universally accepted standard formula to estimate the value of water in the region, particular amongst Watercourse States. This makes it difficult for such Watercourse States to engage in negotiation on sharing the resource, since consensus on the value of the resources is difficult to achieve. Lack of appreciation of the economic value of water and largely communal ownership of the resource in rural areas have an adverse impact on the effort and commitment to better allocate and manage the resource for optimal benefits both as an economic and social good.

Striking a balance between economic, social and environmental water resources allocation remains a challenge, due to the perception that efficiency is attained if priority is given to commercial economic uses. Closely related to this challenge are the inherent large inefficiencies of water conveyance and use in all countries in the region. Inefficient water use is not only unsustainable under a situation of water scarcity, but also imposes significant costs on the economies of the region. Thus a challenge to water management sector is to define and put in place measures that will improve water use efficiency across the region.

There is an overall shortage of human as well as financial resources to fully meet the standards laid out in the regional and national water policies and laws which is a constrain in the effective practical implementation and enforcement of protocol and policy laid down by the regional body. While the relevant laws and regulatory mechanisms are in place, responsible institutions are not adequately manned (SADC 2007). This calls for investments in capacity building at the various water management levels including at the formal water management institutions (national governments) as well as within civil society and community levels. This is a long-term challenge which has been recognized and included in the regional Water Policy document.