Pretoria: As pressure mounts on the country's water systems, government is turning its focus below the surface - introducing measures to better protect and manage this critical resource that sustains millions in the country. The Department of Water and Sanitation (DWS) has taken a significant step in this direction with the draft National Water Act Regulations: Protection and Management of Groundwater Resources, aimed at safeguarding South Africa's long-term water security, whilst also ensuring that the basic human right of access to water for all South Africans is met.
According to South African Government News Agency, the draft regulations were developed to strengthen the protection, management, and sustainable utilisation of groundwater resources in South Africa. Groundwater plays a critical role in the country's water security, particularly in rural areas and during periods of drought, the DWS spokesperson, Wisane Mavasa, told SAnews.gov.za.
In an interview with SAnews, Mavasa said the draft regulations, which were put out for public comment until 2 March, aim to introduce clearer standards, improve monitoring and accountability, and ensure that groundwater resources are developed and managed in a sustainable manner. 'The proposed regulations also aim to improve data and information management through the registration of geosites (boreholes) for all existing and new groundwater users, and the systematic capturing of borehole drilling, geosites, and geohydrological information and reports,' Mavasa explained.
Asked about whether South Africa is doing enough to protect its groundwater, Mavasa said South Africa has made significant progress in strengthening water resource management through legislative frameworks, such as the National Water Act and various national strategies. However, more households turning to groundwater as an alternative water supply puts additional strain on South Africa's aquifers. These water resources are also under threat from factors such as climate variability, population growth, and economic development, necessitating continued improvements to protect valuable resources.
Prior to the draft regulations, which appeared in the Government Gazette dated 10 December 2025, South Africa did not have groundwater regulations. 'There are currently no groundwater regulations in place. While the National Water Act (NWA), 1998, provides the overarching legal framework for water resource management, the department identified a need for more specific regulatory provisions. The proposed regulations seek to fill the gaps currently, which have been identified in the NWA,' Mavasa said.
The regulations aim to standardise borehole drilling and management, given that the standardisation of these varies. 'While industry bodies and professional associations have developed guidelines and best practice guidelines, the level of standardisation across the country varies, often being enforced through municipal by-laws. The proposed regulations aim to introduce a more uniform regulatory framework that will improve accountability, ensure minimum construction standards, and protect aquifers from contamination or overexploitation.'
The draft regulations also address groundwater protection, requiring municipalities to develop a groundwater protection scheme within five years of the promulgation of the regulations. Currently, municipalities don't have groundwater protection schemes in place. Groundwater is often governed through by-laws and management strategies, but how this is done varies from municipality to municipality. The DWS considers the impact of drought on the future of the country's groundwater to be significant.
The DWS has received numerous comments since the closure of the public opinion period. 'The regulations published on the 10th of December were draft regulations. We have already received numerous comments, each of which the department will process and respond to. Once all comments have been processed and responded to, all relevant and appropriate comments will be incorporated into the final draft regulations. The final draft regulations will then be gazetted for implementation,' she said.
Recently, parts of South Africa experienced water shortages that led to President Cyril Ramaphosa announcing the establishment of the National Water Crisis Committee, which he would chair. Announced at the State of the Nation Address in February, the committee will deploy technical experts and resources from national government to municipalities facing water challenges.
Asked whether municipalities across the country are looking after their water infrastructure and if they take advice from the department in running their water affairs, Mavasa said municipalities have a constitutional mandate to provide water and sanitation services and are responsible for the operation and maintenance of water infrastructure within their jurisdictions. 'The Department of Water and Sanitation plays an oversight and support role, providing guidance, regulatory oversight and technical assistance where required. The Blue, Green and No Drop assessments of the performance of municipal drinking water and wastewater systems provide evidence that many municipalities are not looking after their water infrastructure. Sometimes municipalities take advice from DWS, sometimes they do not.'
As South Africa this year commemorates the 30th anniversary of the Constitution, which speaks to water being a human right, the DWS remains committed to ensuring access to water for its citizens. '[The year] 2026 coincides with the 30-year anniversary of the Constitution. As per the Constitution, access to sufficient water is recognised as a human right. The Department of Water and Sanitation remains committed to ensuring that all South Africans have access to safe and reliable water services,' she said.