WATERInstitutionalisingaccountability:The case for anindependent waterand sanitationregulator inSouth AfricaRegulatory independence is a foundationalrequirement for reforming South Africa’s watergovernance, according to Ramateu Monyokolo,Chairperson of the Rand Water Board andChairperson of the Association of Water andSanitation Institutions of South Africa (AWSISA).There is an urgent need to establish an independentwater and sanitation regulator in South Africa.Ramateu Monyokolo is Chairperson of the Rand Water Boardand Chairperson of the Association of Water and SanitationInstitutions of South Africa (AWSISA).Water is a strategic national resource and aconstitutional right in South Africa. Yet the sectoris in deep crisis. Over 100 municipalities arefunction-ally distressed, non-revenue wateraverages 47% and consumer trust in public service deliveryis eroding. These challenges point to the absence of a strong,independent regulatory framework that can enforce standards,regulate tariffs and protect consumers and service providers.This article aims to present a case for an independentwater and sanitation regulator rooted in legal precedent, policydirection and international best practices.Regulatory fragmentationSouth Africa’s water-sector governance is split across multiplelevels of government, with regulatory functions spread betweenthe Department of Water and Sanitation, municipalities,provincial departments and the Treasury. This creates overlaps,gaps and inconsistent standards enforcement. The currentWater Services Authority (WSA) model allows politicallygoverned municipalities to act as service providers, blurringlines of accountability.An independent regulator would provide technicalcontinuity and depoliticised oversight, ensuring a consistentapplication of water laws and performance standards.Learning from domestic precedentsSouth Africa has successful regulatory bodies in otherstrategic sectors. These include the IndependentCommunications Authority of South Africa, ICASA, which istasked with regulating telecoms and broadcasting. It is aregulatory body that has improved access, competition andtariff fairness.28 | www.opportunityonline.co.za
WATERThe National Nuclear Regulator (NNR) is another example.The NNR provides independent licensing and safety enforcementfor nuclear energy via the South African Nuclear EnergyCorporation, NECSA.Both institutions demonstrate that independent governance,secured funding and clear statutory mandates can ensureregulatory credibility even in high-risk sectors.Global comparisonsCountries with similar developmental contexts have institutedindependent regulators with demonstrable benefits includingNWASCO in Zambia, which uses a licensing regime andperformance reporting to drive efficiency, ERSAR in Portugalwhich oversees quality, pricing and planning in a transparentand consultative framework and the UK’s Ofwat. The last-namedentity is a global model for tariff review, investment guidanceand long-term capital planning.Political momentum: the Indaba mandateThe Presidential Water and Sanitation Indaba (March 2025)highlighted regulatory reform as a top priority. Recommendationsincluded the need to establish an independent regulator tooversee tariffs, standards and licensing.The Indaba further suggested that institutional professionalismrequired strengthening and that service delivery shouldbe ringfenced from politics.The other main recommendation related to adoptingintegrated, climate-resilient infrastructure planning frameworks.Proposed mandate and structureAn independent regulator should be empowered by nationallegislation with the authority to:• License water-service providers.• Review and approve bulk and retail tariffs.• Monitor and enforce technical and service standards.• Provide a dispute-resolution mechanism for consumers.• Publish annual performance audits and benchmarking reports.The regulator must report to Parliament, be fundedindependently from service providers and operate transparently.ConclusionWater governance in South Africa demands a shift fromdecentralised discretion to institutional integrity. An independentregulator is not a cure-all, but it is the cornerstone of a sustainable,equitable and accountable water sector.The time to regulate is now.www.opportunityonline.co.za | 29
