Legislative Responses to the Challenge of Insufficient Data on Water Service Delivery in South African Cities

Abstract

This article investigates the existing legal responses to the challenge of insufficient data on water service delivery in cities. The article finds that no explicit duty exists for cities to collect the data or information that they are regularly required to provide. While such a duty may be implied from Sect. 69 of the Water Services Act 108 of 1997, there is no clear indication of what information cities would need to provide. Furthermore, an extensive analysis of the current national systems of information operated by the Department of Water and Sanitation reveals that there are numerous and significant issues on these databases, especially concerning the quality, integrity, and timeliness of the data. Finally, the article proposes that due to the unique position of cities concerning the provision of water services, and the need for complete and reliable data, the law should emphasise cities’ role in the collection of data.