9 . Can we learn from overseas ?
Most certainly and we must , including examples from elsewhere in Africa . Zambia , for example , has NWASCO : a small but effective water and sanitation regulator that monitors and publishes results . This happens like clockwork in April every year and without political interference .
10 . What is the international best practice on regulatory independence ?
Celine Kauffmann of the OECD ( Organisation for Economic Cooperation and Development ) researched 32 water regulators , and in her aim to establish the degree of independence , she based her questions on decisions , staff , and budget , or fixed in law . She found ( Kauffmann , 2014 ) that 81 % of respondents said they are independent because decisions are taken without being subject to government assessment , while 78 % said that independence is further enforced as technical staff are chosen on technical grounds and not political criteria .
Sophie Tremolet ( Tremolet , 2010 ), in her study to guide on best regulatory models , used the term ‘ sound regulation ’ to describe the essential principles of an able and capable regulator , such as clarity in the distribution of roles , with ( in particular ) a clear separation between the functions to determine policy , regulation and service provision , as well as other key organisational values , such as autonomy , accountability , participation , transparency , and predictability .
11 . Will the DWS pass the test as an independent water regulator ?
Applying the criteria suggested by Tremolet , Kauffmann , and other researchers to the DWS , it is evident that :
• There is no clear separation of functions in the organisation , as the DWS is policymaker , operator , as well as regulator .
• The responsible manager for water services regulation in the DWS must seek approval of the DWS minister before the publication of results . This is clearly a form of political scrutiny .
• As reports , such as the Blue Drop and Green Drop reports , have not been published ( 2013 and 2015 ) or put on the DWS website very late , a perceived lack of transparency and limited opportunities for the public to engage exist .
Therefore , it is clear from the way that the DWS operates that the South African water services sector operates without an autonomous water regulator . Regulation is , thus , highly ineffective and the public is unprotected and left in the dark .
In conclusion
An independent water services regulator — an entity staffed by core competent and objective people ( and not political appointees ) — would provide an autonomous oversight body . This watchdog can ensure that our water is safe to drink , would call municipalities to task , provide an avenue for complaints , and ensure the efficient and sustainable water services that are so essential for our social and economic wellbeing .
Helgard Muller
Water , Sewage and Effluent ( WSE ) welcomes Helgard Muller as a regular contributor to this publication . Helgard recently retired from the Department of Water Affairs , where he served as deputy director-general : Policy and Regulations . His vast knowledge in policy and regulations at the Department of Water and Sanitation will add huge value to WSE .
References
1 . Kauffmann , Celine . ( 2014 ). Presentation made at Water Regulator Forum , Lisbon .
2 . Republic of South Africa ( RSA , 1997 ). Water Services Act , 1997 ( Act No . 108 of 1997 ). Pretoria : Department of Water Affairs and Forestry .
3 . Republic of South Africa ( RSA , 2003 ). Strategic framework for water services . Pretoria : Department of Water Affairs and Forestry .
4 . Republic of South Africa ( RSA , 2014 ). The 2014 Blue Drop Report on website of the Department of Water and Sanitation . Available at www . dwa . gov . za / bluedrop
5 . Tremolet , Sophie . ( 2010 ). The Regulation of Water and Sanitation Services in DCs ( Developing Countries ). Agence Francaise de Development , Paris . u
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