Water department warns of illegal dam wall failures

The department of water and sanitation only owns about 5% of the total number of dams in South Africa and warns that if not properly regulated, illegal dams could cause catastrophe and death.

The department issued a notice last year to property owners urging them to register their dams.

During a recent visit by water officials to the Vaal Dam, Minister of Water and Sanitation Pemmy Majodina said that despite notices issued last year urging dam owners to register, compliance levels remain low.

“Government will take harsh actions against those who are not following legal frameworks in terms of how they manage their water,” Majodina told Newzroom Afrika.

Government owns small fraction of dams

The department has emphasised that it owns only 5% of the dams in South Africa, with the vast majority privately owned.

According to Majodina, the situation is even more stark when examining the numbers closely.

“We are responsible for 5 700 dams that are registered in South Africa. Out of that 5 700, as the department of water and sanitation, we own 323,” said Majodina, adding that despite the low number, the government-owned dams have significant storage capacity.

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Legal requirements for dam construction

The minister warned about serious consequences for owners who fail to register their dams, particularly if those structures fail and cause damage.

According to the department there are three mandatory legal requirements that must be fulfilled before anyone can construct, alter or repair a dam – dam safety regulations, entitlement to water use and environmental legislation compliance.

The process begins with applying for classification of the dam, followed by obtaining the appropriate licences depending on the dam’s category.

For higher-risk categories, the services of an approved professional person or engineer must be secured.

Additionally, a water use licence or written authorisation from the regional director of the relevant region is required, along with environmental impact assessments for new construction or significant modifications.

Legal water use may still be acknowledged for dams that fail. However, the department said that ” it is essential that confirmation is obtained in writing from the regional director”.

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Decades-long battle against illegal dams and other water structures

The department’s fight against illegal water structures isn’t new. In 2012, a dispute regarding an unauthorised dam wall in the Brak River escalated to court proceedings.

At that time, the department clarified that it would pursue legal action and issue demand letters to any entity or individual constructing unregistered dams.

In a more recent case from 2023, the department took enforcement action against a KwaZulu-Natal farmer, demanding R1.5 million for “conducting illegal and unauthorised water activities, in contravention of the National Water Act”.

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Advancing dam technology

Majodina highlighted recent technological advancements in dam construction that improve safety and efficiency.

Looking to future projects, the minister expressed commitment to implementing these innovations more broadly.

“With the unblocking of mega projects in terms of dams, we’re going to follow the good example of building dams that can release water on their own.”

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