Law & Regulation
Water Services Act 108 of 1997
Governs the institutional and service-delivery architecture for water supply and sanitation: the right of access to basic water supply and sanitation, water services authorities' (generally municipalities) duty to progressively ensure access, and the relationship between water services authorities and water services providers, including water services development plans. Distinct from the National Water Act (water-resource use/licensing, ZA-L-035, Full V2) and from the NEMA/EIA environmental-authorisation framework — a water/wastewater project may need approvals under both this Act and either of the others.
Legal Significance
What This Instrument Does
Section 3 establishes the right of access to basic water supply and basic sanitation. Section 4 sets conditions governing provision of water services. Section 11 places the water services authority under a duty to take reasonable measures to realise access within its area. Sections 12–18 govern water services development plans (preparation, content, consultation, implementation). Sections 19–20 govern contracts between a water services authority and a water services provider, and section 21 provides bylaw-making authority. Sections 22–23 address provider approval and information-disclosure requirements. Instrument boundary: does not govern water-resource use (the National Water Act's function), does not perform NEMA/EIA's general environmental-authorisation function, and does not itself constitute a procurement or concession statute — a private-sector water services provider arrangement must still be structured under the applicable municipal procurement/PPP framework.
Key Provisions
- Sections 3–4 — Right of access and conditions of provision
Establishes the right of access to basic water supply and sanitation and the conditions governing provision.
- Section 11 — Water services authority duty
Places the water services authority under a duty to take reasonable measures to realise the right of access within its area.
- Sections 12–18 — Water services development plans
Governs preparation, content, public consultation and implementation of water services development plans.
- Sections 19–21 — Provider contracts and bylaws
Governs contractual arrangements between a water services authority and a water services provider (ss19–20) and provides bylaw-making authority (s21). Practical consequence: a private-sector water services provider arrangement must be structured under the applicable municipal procurement/PPP framework, not this Act alone.
- Sections 22–23 — Provider approval and information disclosure
Addresses approval of water services providers and information-disclosure requirements.
Legal Framework Position
- Sector RegulationPrimary / Framework Instrument
Instrument Overview
- Official Citation
- 108 of 1997
- Instrument Type
- Law / Act
- Source Language
- English
- Last Verified
- 6 September 2026