Read together with the associated Resource Management Plans (RMPs) and Draft Lease Policy.
By Rosemary Anderson
“Effective enforcement of existing laws – particularly on water quality – must take priority over adding new regulatory layers that risk damaging tourism and hospitality.”
Industry Submissions Strengthen the Process
FEDHASA, together with a wide range of stakeholders across many sectors, has submitted detailed representations in response to the Proposed Regulations for the Management and Control of Government Waterworks and Surrounding State-Owned Land, read together with the associated Resource Management Plans (RMPs) and Draft Lease Policy.
The volume and quality of submissions made during this consultation phase have been significant. Industry input has been robust, technically grounded, and focused on ensuring that any regulatory framework is both legally sound and practically implementable, while safeguarding a sector that is a key contributor to employment and economic activity.
FEDHASA’s submission highlights several critical concerns, including potential unintended damaging economic impacts on tourism and hospitality, duplication and overlap with existing regulatory frameworks, and the need for clarity, proportionality, and legal coherence in the proposed regime.
“The objective is not to oppose regulation, but to ensure it is lawful, practical, and does not unintentionally undermine a sector that is a critical driver of jobs, investment, and regional economies.”
Constructive Engagement with DWS
FEDHASA’s engagement with the Department of Water and Sanitation (DWS) has been constructive.
In interactions, including direct engagements, DWS has indicated that the current process is consultative in nature, that all submissions are being carefully considered, and that it is not the Department’s intention to introduce a framework that would negatively impact tourism, hospitality, or other compliant sectors.
DWS has further indicated that it will review and refine the Draft Regulations in light of stakeholder input, reconsider the scope, application, and necessity of Resource Management Plans (RMPs), and assess how best to ensure alignment with existing legislation and practical realities on the ground.
At the time of writing, there has been no single consolidated public response addressing all submissions; however, engagements to date reflect a willingness by the Department to re-evaluate aspects of the framework and work towards a more balanced outcome.
“Regulation must enable growth – not unintentionally constrain it.”
What Happens Next
The process now moves into a critical phase of review and redrafting.
DWS will assess all submissions received and may revise both the Draft Regulations and the associated Resource Management Plans (RMPs), with further stakeholder engagement where necessary.
Thereafter, the Regulations may be subject to Parliamentary oversight, before being finalised and promulgated by the Minister.
Importantly, as with all subordinate legislation, the final Regulations remain open to judicial review should any procedural or substantive issues arise.
A Critical Opportunity to Get the Balance Right
This consultation process has been a meaningful demonstration of industry engagement.
Encouragingly, DWS has indicated a willingness to listen and refine its approach. The focus now must be on ensuring that the final framework addresses environmental challenges at their source, avoids duplication and legal uncertainty, and enables – rather than constrains and destroys sustainable tourism and hospitality development.
“Regulation must enable growth – not unintentionally constrain it.”
FEDHASA Perspective
FEDHASA will continue to engage constructively with the Department to ensure that the final regulatory outcome is balanced, lawful, and economically sustainable.
The hospitality and tourism sector is not only a key contributor to South Africa’s GDP, but also one of the country’s most significant job creators – particularly in regional and water-based economies. It is therefore essential that any regulatory framework supports, rather than undermines, this sector.
FEDHASA remains firmly of the view that effective enforcement of existing legislation, particularly in relation to pollution and water quality, must be prioritised over the introduction of additional regulatory layers that may create uncertainty and unintended consequences.
We will continue to advocate for a framework that protects South Africa’s water resources, respects existing legal rights and governance structures, and provides the certainty required to sustain investment, growth, and job creation.
Our approach remains one of constructive partnership – working with government to achieve outcomes that are both environmentally responsible and economically viable.
