Enabling Environment for Sanitation in South Africa Jean de la Harpe

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Enabling Environment for Sanitation in South Africa Jean de la Harpe Slide 2 Whats 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 2 Slide 3 Do we have an enabling environment? 3 Police brought in to manage community protest over poor services in the Western Cape Slide 4 South Africas poor renew a tradition of protest 4 Protesters chant slogans in the township of Siyathemba. Such service delivery protests have become a regular occurrence in South Africa Slide 5 Enabling Environment for Sanitation in South Africa5 Enabling environment Constitutional, policy and legislative framework for sanitation Slide 6 6 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 Slide 7 7 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 Slide 8 8 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 Slide 9 9 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. Decentralisation Slide 10 The South African water and sanitation policy provides: 10 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 Slide 11 The policy: 11 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 Slide 12 Targets for sanitation 12 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 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). Slide 13 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. 13 Slide 14 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. 14 Slide 15 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. 15 Slide 16 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. 16 Slide 17 Enabling Environment for Sanitation in South Africa17 Enabling environment Institutional arrangements Slide 18 18 n Institutional framework water and sanitation Slide 19 19 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 Slide 20 20 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 Slide 21 21 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 Contract WSA - WSP WSA = municipality who contracts a water services provider Slide 22 Enabling Environment for Sanitation in South Africa22 Enabling Environment Sector collaboration and coordination Slide 23 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 lets 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 ba