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Norest Ndawana, Correspondent
In my previous four instalments, I focused on transboundary water governance. Today, I discuss the water governance framework at national level.
The water rights system was applied until 1998. This system was based on two principles; first come, first save and secondly, the one who first applies for a water right gets it in perpetuity. The system favoured the whites over the majority and prevented new entrants from investing in the water sector. Government had less role to play upon granting of water rights and would only intervene in times of water shortages like droughts, where water rights would be suspended.
The water sector reforms were triggered by the above. The objectives of the reforms were to restructure institutions involved in the sector, increase stakeholder participation and devolve water resources management to the lowest appropriate level, to improve access to water for all Zimbabweans through the application of equitable access and a recognition that the environment was also a user of water.
The reforms culminated in the repeal of the 1976 Act with the Water Act [Chapter 20:24] of 1998. The Act provides for the development and utilisation of the water resources of Zimbabwe, the establishment, powers and procedures of catchment councils and subcatchment councils, granting of permits, control of the use of water when it is in short supply, acquisition of servitudes in respect of approval of combined water schemes and matters relating to dam works, to mention a few.
The Act vests water with the President, abolished the water right system and replaced it with water permit system. It prohibits private ownership of water, devolves water management to multi-stakeholders, for example, policy makers, planners, water users and any other interest groups. Hence, the Zimbabwe water sector is being steered forward through an institutional framework anchored on the principles of integrated water resources management.
The minister responsible for water’s functions in terms of the Act, include developing policies for the country’s water resources, ensuring the availability of water to all citizens for primary purposes and the environment, ensuring the equitable and efficient allocation of the available water resources in all sectors.
The Act resulted in the devolution of water management to multi-stakeholders. The current institutional framework was responsive to the international water governance best practices, particularly the Dublin principles. The tenets of Dublin-Rio principles of 1992 are; first, fresh water is a finite and vulnerable resource, essential to sustain life, development and the environment.
Second, participatory approach; water development and management should be based on a participatory approach, involving users, planners and policy-makers at all levels. Third, the role of women; women play a central part in the provision, management and safeguarding of water. Fourth, social and economic value of water; water is a public good and has a social and economic value in all its competing uses.
Water governance in Zimbabwe is anchored on stakeholder participation, which has seen the establishment of catchment and subcatchment councils, in terms of respectively section 20 and 24 of the Water Act. Currently, there are seven catchment councils namely: Gwayi, Manyame, Mazowe, Muzingwani, Sanyati, Save and Runde. The catchment councils were established by SI 209 of 2000 and their operations are guided by SI 33 of 2000. A catchment council consists of elected members drawn from subcatchment councils within that catchment. The Zimbabwe National Water Authority (ZINWA) provides secretarial service to the catchment council.
The catchment council prepares a plan for its river system in conjunction with ZINWA, determines applications submitted and grants permits, regulates and supervises the exercise of rights to, and use of water in respect of the river system for which it is established and supervises the performance of functions by subcatchment councils. Subcactchment councils are established in terms of SI 209 of 2000 and their operations are guided by SI 47 of 2000 and members are drawn from stakeholders within the subcatchment.
Currently, there are 47 subcatchment councils. The subcatchment councils have a responsibility to, inter alia, regulate and supervise the exercise of rights to water within the area for which they were established, levy rates upon persons who hold permits, receive permit applications from users and recommend for granting to the catchment council and charge fees for any service rendered by it.
The Zimbabwe National Water Act [Chapter 20:25] (the ZINWA Act) establishes the Zimbabwe National Water Authority and provides for its functions, appointment and functions of a board of the Authority, allocation and distribution of water resources, raising of charges for the provision of water and other services by the Authority, the imposition and collection of a water levy.
The functions of ZINWA, among others, are to advise the minister on the formulation of national water policies and standards, water resources planning, management and development; hydrology and hydrogeology, dam safety, borehole drilling and water pricing, conserve and manage the water resources, allocation and distribution of water resources.
The Department of Water Resources and Development and Utilisation, which falls with the Ministry of Lands, Agriculture, Fisheries, Water and Rural Development, has the following functions; designing, construct and maintain medium to large size dams and water supplies to satisfy present and future water requirements, developing sustainable ground water resources, managing and administering the water fund through the Zimbabwe National Water Authority, setting tariffs for both raw and treated water in consultation with stakeholders, and managing all water resources of the country to the integrated water resources management principles.
There appears to be confusion between water permits and water agreements amongst many stakeholders, which needs to be cleared. Water permits are issued by catchment councils to dams not gazetted and groundwater. If a dam is gazetted or is built by the State, a catchment council issues a permit to ZINWA. In other words, ZINWA is the permit holder on behalf of the State. ZINWA in turn will enter into water agreements with users of water from State dams.
Currently, the water laws are undergoing review, particularly amendment of the Water Act to align it with the new Constitution and adapt it to new demands.
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