Strengthening South Africa’s groundwater regulatory framework: The case of the unprotected dolomitic aquifer of Delmas

Governing groundwater in a way that does not deplete the source of water, nor cause any form of degradation is a global challenge. In South Africa, scholarship shows an extensive history of groundwater governance doctrines. Yet, the country’s groundwater remained a poorly governed resource. A recent regulatory regime change culminated in the National Water Act 36 of 1998 (NWA), which was specifically promulgated to ‘provide for fundamental reform of the law relating to water resources’. While the NWA provided an ideal opportunity for the judicious governance of South Africa’s groundwater, groundwater governance remain problematic. The regulatory focus is still very much on surface water. In fact, up to date, no regulations have been made to specifically protect vulnerable aquifers, or aquifers on which communities depend as a source of water supply, or aquifers that supports large scale agriculture. This paper sets out to achieve three objectives: to assess South Africa’s existing regulatory approach to the protection of groundwater; to identify gaps in the regulatory framework; and to explore regulatory opportunities to strengthen groundwater governance. The discussion follows a focussed approach, and hinges on the case of the dolomitic aquifer of Delmas. The Delmas case study is expected to show why policy makers and planners need to be more concerned about groundwater. It will also introduce, explain and propose an established international or foreign legal measure that may be incorporated to strengthen the regulatory status of the Delmas aquifer. The paper concludes with recommendations for strengthening South Africa’s groundwater regulation.