Illegal damming is a criminal offence according to National Water Act 36 of 1998

The DWS will not hesitate to take action against anyone who is interfering with the free flow of water by erecting illegal dams. They will face the full force of the law. Read more here:

Healthy flowing rivers are like veins that keep blood flowing to allow the body to function optimally. As a result, it is critical to maintain the free flow of rivers while also keeping the rivers clean and healthy in order to provide us with quality water.

Rivers that frequently flow downhill face the challenge of being intercepted illegally, which harms both humans and aquatic life in the environment. It not only disrupts the free flow of water but also affects aquatic species that rely on fresh water flow for survival.

As the custodian of water, the Department of Water and Sanitation (DWS) is vehemently opposed to the illegal construction of structures that obstruct the flow of water, whether on private or public land.

Illegal damming is becoming more common in the country, affecting and endangering farming communities downstream that rely on water for irrigation and domestic supply. Power generation and industry, as well as a variety of ecosystem services and essential and biodiversity values, can also jeopardise the environment.

In Limpopo, the DWS recently demolished an illegal damming structure on a private farm. The farmer obstructed the flow of water from the Groot Nyl River, affecting the supply of water to the communities of Modimolle and Bela-Bela.

This farmer’s action was unacceptable because the water was meant to supply not only his farm but also communities living downstream who rely on the river’s flow for survival.

The DWS will not hesitate to take action against anyone who is interfering with the free flow of water by erecting illegal dams. They will face the full force of the law, according to Section 21 (C & I) of the National Water Act 36 of 1998, which gives the DWS authority to act against water act violators.

Farmers who refuse to cooperate and refuse authorized DWS officials access to their private properties for inspection are also violating Chapter 13 of the National Water Act 36 of 1998, which grants access and rights overland. The authorised person may enter and inspect private property under sections 124. (I) and 125. (I).

Property owners’ rights are also protected by requiring only authorised individuals to enter and inspect their property. On demand, the authorized person must produce the certificate of authorization. In some cases, a warrant must be obtained before entry.

The DWS’s Regulation, Compliance, and Enforcement unit is in charge of monitoring and prosecuting those who violate the National Water Act 36 of 1998.

Whistle-blowers using the Department’s toll-free number 0800 200 200 and fellow communities living downstream informing the department of such illegal activities are part of the monitoring.

With the Fourth Industrial Revolution in full swing, the use of sophisticated technology also aids in preventing illegal use of water, a source of life for humans, plants, and animals.

Water use and management are critical fundamental drivers of economic emancipation and food security.

“I chose to be a water ambassador because water is ‘LIFE’, how about you?”


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