Principles and legal tools for equitable water resource allocation: prioritization in South Africa

Abstract

South Africa’s legally binding National Water Resource Strategy specifies a people-oriented prioritization for the equitable allocation of the nation’s public trust of surface and groundwater resources. This article analyses how the Inkomati–Usuthu Catchment Management Agency seeks to operationalize the three highest priorities in the Sabie Sub Catchment: the Basic Human Needs Reserve for domestic and constitutionally based productive water uses; customary water tenure in former homelands prioritized over the upstream commercial forestry and large-scale farming and the downstream Kruger National Park; and priority General Authorizations overcoming administrative injustices of current licensing. These highest priorities imply curtailment of the lowest priority, high-impact economic uses.