MACUS MONYAKENI | High number of illegal dams a threat to river systems

Illegal damming is a criminal offence according to the National Water Act 36 of 1998

Healthy flowing rivers are like veins that keep the blood flowing, enabling the body to function optimally. Therefore, it is important to keep the free flow of rivers uninterrupted and keep rivers clean and healthy to provide quality water.

Rivers that flow downhill are faced with challenges of being intercepted illegally to the detriment of both humans and environmental aquatic life. Not only does it disturb the free flow of water, but it also affects the aquatic species that rely on the fresh water flow for survival.

The department of water and sanitation (DWS) as the custodian of water is totally against the illegal building of structures that impede the flow of water, be it on private or public land.

Currently there are increasing cases of illegal damming in the country and these acts affect and threaten farming communities downstream who are using water for irrigation and domestic supply. In other areas, power generation and industry as well as a range of ecosystem services and essential and biodiversity values become compromised.

Not long ago the department in Limpopo demolished an illegal damming structure on a private farm. The farmer blocked the flow of water from Groot Nyl River and this affected the supply of water to communities around Modimolle and Bela-Bela.

This act by the farmer was unacceptable because the water was meant to supply not only his farm but also communities living downstream who are dependent on the flow of the river for survival.

The DWS will not hesitate to act against anyone who is interrupting the free flow of water by building illegal dams. They will meet the fullest might of the law according to National Water Act 36 of 1998 of section 21 (C&I), which gives the DWS powers to act against those who contravene the water act.

Farmers and other individuals who are uncooperative and deny authorised DWS officials’ entry to their private properties for inspection, are also in contravention of Chapter 13 of National Water Act 36 of 1998, that gives access and rights overland.  Both section 124 (I) and 125 (I) allow the authorised person to enter and inspect private property.

The rights of property owners are also protected to only allow authorised persons to enter and inspect the property. Authorised persons must produce a certificate of authorisation on request. In certain circumstance, a warrant must be obtained prior to entry.

The DWS’ Regulation, Compliance and Enforcement unit is tasked with monitoring and acting against those who contravene the National Water Act 36 of 1998.

The monitoring includes whistle-blowers using the departmental toll-free number 0800 200 200 and fellow communities living downstream informing the department of such illegal activities.

With the Fourth Industrial Revolution in full swing, the use of sophisticated technology also assists in restraining unlawful use of water, the source of life for humans, plants and animals.

The use and care of water are key fundamental drivers for economic emancipation and food security.

I choose to be a water ambassador because water is “LIFE”, what about you?

Monyakeni is a communication specialist in the department of water and sanitation