1. DIRECTORATE: REGULATION
SUB-DIRECTORATE: COMPLIANCE MONITORING AND ENFORCEMENT
Presented by : Sinayethina Mbeki & Anza Mabayi
Office : Gauteng Provincial Office
Venue : Rand Water
Date : 15 March 2017
PRESENTATION TITLE
Presented by:
Name Surname
Directorate
Date

2. Content What is Compliance Monitoring (CM)?
How do we conduct CM for WUL
What do we seek to achieve by conducting CM?
What is enforcement
Enforcement Actions
Failure to Rectify contravention
Failure to comply with the condition of an WUL
Offences

3. What is Compliance Monitoring (CM)?
Coordinates and monitors compliance to standards of licence conditions, regulations and other regulatory tools across the full water value chain incl. water resources, dam safety, water hazards and water services.

4. How do we conduct CM Notification letter
Personal Protective Equipment (PPE)
Authorisation and Checklist
Site Visit for specific condition
Documentation collection (External, Internal audit, Water Quality results)

5. What do we seek to achieve by conducting CM
Measure and monitor the compliance
Ensure compliance with the authorisation condition
Preventing pollution of water resources
Protection water resources
Ensure sound management and control of water resources

6. Failure to comply with the condition of Water Use Licence
Non-compliance notice is issued for conditions not complied with.
Suspension or Withdrawal of the water use licence due to non compliance to the conditions of the licence in terms of section 54 (1)

7. What is Enforcement?
Ensures that appropriate legal action is taken against all unlawful water users through our enforcement tool. Functions performed include investigations, administrative enforcement( issuance of notices and/or directives )and opening criminal cases with SAPS.

8. Enforcement Actions
Formal and informal warnings (e.g. letters of non-compliance)
Administrative enforcement such as statutory notices, compliance notices and directives, and or court applications to enforce such notices or directives. (Section 19, 20, 53 & 54)
Criminal enforcement: criminal prosecution (section 151 of the NWA) requires that all the element of a crime be proven beyond reasonable doubt

9. Failure to rectify Contravention
When a water user fails/not willing to prevent pollution, to stop illegal water uses a notice and a directive can be issued in terms of section 19 (pollution) and 53 (illegal water uses) of NWA
Failure to comply with the directive issued a notice for rectification of contravention can be issued in terms of section 53 (2) of NWA

10. Failure to rectify Contravention
When a water user fail to comply with issued directive, a criminal case is opened with SAPS for legal intervention.
Once the criminal case is opened the DWS works hand in hand with SAPS to ensure prosecution and enforcement of the law.

11. Offences The following offences are in terms of section 151 of the NWA
Failure to provide any books, accounts, documents;
Failure to comply with licence or permit under NWA;
Failure to comply with the directive;
Failure to give information or data

12. CME ROLE AND RESPONCIBILITY
CME`s ROLE IS NOT TO POLITICISE THE NWA AND WSA, BUT TO ENSURE COMPLIANCE AND TO MONITOR WATER USE ACTIVITIES, AND ENFORCE WHEN THERE IS NON-COMPLIANCE

13. WATER IS LIFE SANITATION IS DIGNITY
TOLL FREE:

14. THANK YOU ANY QUESTIONS