Enabling Environment for Sanitation in South Africa Jean de la Harpe

What’s this presentation about? Enabling environment for sanitation in South Africa 5 main pillars Constitutional, policy and legislative framework Institutional framework Sector collaboration and support Financial framework Monitoring and regulation Challenges

Do we have an enabling environment? Police brought in to manage community protest over poor services in the Western Cape

South Africa’s poor renew a tradition of protest Protesters chant slogans in the township of Siyathemba. Such “service delivery protests” have become a regular occurrence in South Africa

Enabling environment Constitutional, policy and legislative framework for sanitation

Constitutional context Local Government Information Dissemination Workshop Constitutional context Access to water and sanitation services are a basic human right “The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights” Water and sanitation services is assigned to local government National government is responsible for regulating the performance of local government in terms of water and sanitation services – it also is obliged to support and strengthen the capacity of local government to provide these services The Constitution contains strong elements of decentralisation and the need for co-operative governance . Water Services Authority Role and Responsibilities

Policy and Legislative Framework Local Government Information Dissemination Workshop Policy and Legislative Framework Given the inequalities and failures of the apartheid government policy, new approaches were required to provide sustainable services and to dramatically increase service provision coverage The 1994 Water Services White Paper set out policy for the water and sanitation services function and addressed issues of equity – some for all for ever The Water Services Act was promulgated in 1997 and defined the municipal functions of water and sanitation From 1998 to 2000, local government policy and legislation were finalised to pave the way for ‘developmental’ local government In 2003 a Strategic Framework for water and sanitation was developed, providing a comprehensive approach to the provision of water and sanitation services – building on progress made towards establishing democratic local government and developments in the sector . Water Services Authority Role and Responsibilities

The Water Services Act, 1997 – some key points Local Government Information Dissemination Workshop The Water Services Act, 1997 – some key points Provides a flexible, developmental legislative framework for the provision of water and sanitation services Promotes and aims to strengthen local government Creates mechanisms for monitoring local government, by consumers, and provincial and national government Sets national norms and standards and requires water services development planning Distinguishes between the authority function (governance) and the service provision function Establishes statutory bodies to support and assist local government and provides for the monitoring and regulation of these bodies . Water Services Authority Role and Responsibilities

Local Government Information Dissemination Workshop Decentralisation Our Constitution, our local government legislation and our water services legislation creates a legal framework where service provision is decentralised to local government Increasingly our institutional, planning, financial, support and regulatory frameworks are structured towards decentralization. Local authorities receive financial support from the National Treasury in terms of capital grants for infrastructure, operating grants for free basic services, as well as capacity building grants to improve performance. The Strategic Framework for Water Services provides an institutional vision that reinforces the executive authority of local authorities for water and sanitation services. . Water Services Authority Role and Responsibilities

The South African water and sanitation policy provides: a 10 year vision for the sector the objectives and targets to be achieved within the sector the institutional, financial, regulatory, support and monitoring frameworks for the sector clarity on the roles and responsibilities of sector players

The policy: Is a comprehensive approach to the provision of water supply and sanitation It sets out an umbrella framework to enable the sector vision to be achieved It provides a clear set of targets with timeframes and who is responsible for achieving these targets It clarifies institutional roles and responsibilities in the sector

Targets for sanitation All people in South Africa have access to a functioning basic sanitation facility by 2010. All bucket toilets are eradicated by 2006. Investment in water & sanitation infrastructure in the sector totals least 0.75% of GDP. 70% of households with access to at least a basic sanitation facility know how to practise safe sanitation by 2005 (and 100% by 2010). Free basic sanitation policy implemented in all water services authorities by 2010 By-laws are promulgated in every water services authority area by 2005. All water services authorities report annually on progress against their water and sanitation services development plans by 2005 All services providers are rendering services in terms of a contract by 2005

Free basic sanitation policy Purpose: to assist in promoting affordable access by poor households to at least a basic level of sanitation service The challenges of providing free basic sanitation are threefold: Infrastructure provision. provision of the sanitation facility to poor households (together with the necessary supporting infrastructure) Health and hygiene promotion must be provided and properly managed between the municipality responsible for environmental health, the water services authority and the water services provider. Subsidising the operating and maintenance costs for the poor using the equitable share and/or through cross-subsidies within the water services authority area. These funds must be paid to the water services provider or directly to the households.

Free basic sanitation policy – choice of technology The policy does not define the technology to be used in providing free basic sanitation Technology selection is strongly dependent on settlement conditions (urban, rural, peri-urban, density, financial viability, existence of a WSP to ensure sustainable operation) and thus this is the decision of the WSA – and is key to providing free basic sanitation services in a sustainable manner Operating the service. In rural areas households need to manage the sanitation facilities themselves as WSPs operating in these areas lack the capacity to empty or relocate Ventilated Improved Pit toilets (VIPs). Subsidy arrangements therefore take these factors into account. In urban areas, where many businesses are located and where residential densities are high, waterborne sanitation is generally the most appropriate technical solution and should be regarded as a basic level of service for the purposes of the free basic sanitation policy. In rural areas, where housing densities are low and few businesses are located, on-site technical solutions are an appropriate basic level of service (see box on page 47). In intermediate areas (for example, peri-urban areas or rural areas where settlement densities are high), a water services authority must decide on an appropriate technology which is financially viable and sustainable. In most instances, on-site sanitation systems are likely to be the most appropriate solution. Care must be exercised when choosing waterborne sanitation systems in this context. The water services authority must ensure that the water services provider will be able to maintain and operate this system sustainably over time with the available funds.

Free Basic Sanitation Policy Subsidies for free basic sanitation cover hygiene promotion costs and operating costs (calculated per household per month for each settlement type and technology used) This subsidy is paid to the WSP or directly to the household. WSAs decide appropriate technical solutions based on the level of subsidy (overall) they can provide on an ongoing and sustainable basis for sanitation (from equitable share and cross-subsidies) The policy recognises that local circumstances vary greatly between WSA areas – thus the application of the free basic sanitation policy by WSAs is be flexible.

Basic services – first step WSAs have to ensure the progressive realisation of the right of all people in its area of jurisdiction to receive at least a basic level of sanitation services (first step) They must ensure adequate and sustainable investments in sanitation services infrastructure to realise this right The municipal infrastructure grant (MIG) is to ensure universal provision of at least a basic sanitation facility within a reasonable period of time. This is called a universal service obligation and is the most important policy priority.

Enabling environment Institutional arrangements

Institutional framework water and sanitation Responsibility. Water services providers are the organisations that assume operational responsibility for providing water and/or sanitation services. (Where water services authorities undertake any of these services themselves, they are a water services provider.) Contract with water services authorities. All water services providers who provide water services to or on behalf of water services authorities must do so in terms of a service delivery agreement (contract) with the water services authority. Contracts for bulk services. Where water services providers purchase water from, sell water to, or accept wastewater from, another institution, this must be done in terms of a contract. Water resource supply contracts. Where water services providers purchase raw water, this must be done in terms of a contract. Local water services providers are water services providers who provide water services to (or on behalf of) only one water services authority. Local water services providers could provide bulk and/or retail water services. Regional water services providers are water services providers who operate regional infrastructure (crossing water services authority boundaries) and provide water services to (or on behalf of) more than one water services authority. Consumer charter. Where water services providers provide retail services to consumers, they must do so in terms of a consumer charter and consumer contracts.

Local government is the responsible authority Local Government Information Dissemination Workshop Local government is the responsible authority Since water and sanitation services are the responsibility of local government, the municipality is the water services authority This means it has executive responsibility for ensuring access water services development planning making bylaws and regulating fulfilling the provider functions itself or entering into a contract / partnership with a water services provider The water services authority is thus responsible for all the governance functions and it cannot delegate this responsibility to any other entity . Water Services Authority Role and Responsibilities

Service provision options Local Government Information Dissemination Workshop Service provision options The Water Services Act and the Local Government Systems Act recognise that a municipality might not have the necessary capacity to provide the service to consumers Therefore the authority can contract a service provider to fulfill the actual provision of services, including operations and maintenance, customer relations, revenue collection, administrative and financial management A service provider can be: Another municipality A water board A private entity A public entity A community based organisation . Water Services Authority Role and Responsibilities

Partnerships for provision Local Government Information Dissemination Workshop Partnerships for provision One of the key reasons for differentiating between the authority and the provider functions was to promote partnerships between authorities and providers Another reason was to ensure good governance through promoting the role of the authority WSA WSP Contract WSA - WSP . WSA = municipality who contracts a water services provider Water Services Authority Role and Responsibilities

Enabling Environment Sector collaboration and coordination

Sector collaboration A major part of the enabling environment for water and sanitation in South Africa is the sector wide approach (SWAp) called Masibambane – meaning let’s work together Purpose: to strengthen the water services sector; to support local government; to improve the quality of life of poor communities by improving their access to basic water supply and sanitation services It is sector support programme led by the Department of Water Affairs and involving all players in the water sector Collaborative structures were established at national and provincial level and in some cases at local level as well A strong culture of consultation and finding consensus developed in the sector. Sector collaboration is the hallmark of Masibambane

The SWAp The SWAp started in 2001 for a 3 year period as a pilot It focused on providing support to water and sanitation services only (i.e. not water resources) It targeted national and three of the nine provinces In 2004 it expanded to the entire country In 2007 it expanded further to include water resources The move towards a full sector wide approach in the sector was therefore incremental (not the entire country and not the entire water sector to start off with) The original budget was Euro 334 million – the final budget was Euro 4145 (with 82% from SA government and 18% provided by donors)

Main achievements of the SWAp Local Government Information Dissemination Workshop Main achievements of the SWAp Strategic Framework for Water and Sanitation approved by Cabinet National sanitation policy finalised and approved by cabinet Joint policy on transfer of water and sanitation services finalised and implemented National water and sanitation sector leadership group established Provincial Sector Forums established in each region Sector-wide concept rolled out to other provinces Nearly 3 Million people served with water infrastructure 1 Million people served with sanitation infrastructure Single planning, monitoring and reporting systems established through the spheres of government Water Services Authority Role and Responsibilities

Achievements Joint support strategy developed and implemented across the sector Improved water and sanitation governance at the local level Greater collaboration as a single sector with co-ordination and joint decision making at national and provincial level Increased access to technical expertise Gender, appropriate technology, HIV/AIDS, the environment and civil society are addressed as part of service delivery from planning to service provision Water and sanitation plans are developed at local, provincial and national level Budgets and implementation plans are aligned to the policy objectives and targets

Local Government Information Dissemination Workshop Some areas of concern Sustainability of services, particularly operations and maintenance Success in decentralisation in some areas but not others Very time consuming getting all stakeholders on board Varying success with regards to efficiency and effectiveness Quality of sanitation services Monitoring system Dependency on consulting support Sustainability of the programme itself (dependent upon high level of political support – which changes over time) Water Services Authority Role and Responsibilities

Enabling Environment Financial Framework

Financial Framework Sanitation policies, targets and ongoing services are supported by the financial framework where: The Municipal Infrastructure Grant (MIG) subsidises sanitation infrastructure for the poor The Equitable Share (ES) subsidises the operation and maintenance costs of sanitation services for the poor (free basic sanitation services) The Local Government Capacity Support Grant provides institutional support to municipalities to fulfil both their authority and provider functions Financial support is also provided against municipal action plans from Masibambane to ensure access to technical support and training

Enabling Environment Regulation

Regulatory framework – local regulation Local regulation. The water services authority (municipality) is the local regulator of water services. It determines local policies and standards (which must conform to national minimum norms and standards), promulgates by-laws, plans the provision of water services (water services development plan), determines how investments in water services are undertaken and sets tariffs. Where the water services authority is also the water services provider, there is self-regulation. The accountability of the water services authority to the local electorate is an effective regulating mechanism for the provision of water services in this context. Regulation by contract. Where water services are provided by an external water services provider, the water services authority regulates the provision of services by means of a contract (service delivery agreement).

Regulation is a key part of the enabling environment Water Safety Plan Process Controllers and Supervisors DWQ Monitoring Programme DWQ Sample Analysis Submission of DWQ Results DWQ Compliance Management of DWQ Failures Publication of DWQ Performance Drinking Water Asset Management

Drinking water quality and waste water management certification WSA’s receive Blue Drop Status (Drinking Water Quality) or Green Drop Status (Waste Water Management) if they comply with legislation and best practice requirements The onus is on WSAs to provide DWA with information Incentive system Blue drop or Green drop status provides citizen’s with information on the confidence the Department of Water Affairs has in the WSA to manage drinking water quality and waste water services Increasingly comprehensive and stringent criteria will be introduced to facilitate a phased, continuous improvement approach

Enabling environment Constitutional, policy, legislation Institutional Framework Collaboration and coodination Financial Framework Regulatory Framework

Flush in South Africa - 2010 Presentation Title

Main reason for providing toilets is about dignity ………… Makhaza Toilets: An Affront To Human Dignity and a Threat to Safety & Security

Western Cape ‘toilet wars’ escalate with more mudslingin • 30 June 2010, 17:58:41 (South Africa)

PROJECT POO Getting it right … …. understanding the relationship between people and the toilet

“Flies and maggots are making my life a misery” “The smell is bad and it looks bad.” “The toilets are not private enough. Doors break easily, people steal them and thugs hide inside because they do not lock.” “It is too dark.” “My dignity is compromised.” “Toilets are too close to the house. We cannot cook freely and maggots creep inside.” “Toilets fill too quickly. There are no chemicals to make them empty.” “They don’t flush!”

The toilet, as a space, means many things to many people: Freedom, comfort, relaxation, smoking and just being oneself Private space to be alone with thoughts Prevents the spread of disease and is critical for society Prayer, meditation, reflection, being at peace with yourself It is about escaping for a quiet moment to read or dream Dodging employer, parent, teacher, guardian… Represents your right to life and ensures personal dignity and pride

Based on the research … Ethekwini made fundamental changes to their sanitation programme Shifted to urine diversion Overcame the pit emptying problems association with VIP Undertook awareness programmes on the benefits of the UD technology and gained community buy in 75% to 89% are now managing to empty the toilets themselves and have taken ownership of the toilets ….toilets are about dignity, status and privacy. They play a critical role - for example praying, resting, reading, relaxing, and enjoying time alone Success was about understanding this relationship, reaching the community, determining what needed to be communicated, and how best this should be done, as well as and follow up

Thank you delaharpe@irc.nl Enabling Environment for Sanitation in South Africa