Many South Africans, like you, are frustrated and worried that after years of problems in almost every government department — from poor service delivery and corruption to failing infrastructure — the Department of Water and Sanitation is now turning its attention to ordinary citizens who have enjoyed the outdoors at public dams for decades.
In January 2026, Minister Pemmy Majodina published new draft regulations in Government Gazette No. 53963 that could make simple activities like swimming, fishing, boating, sailing, picnicking, birdwatching, or even taking photos illegal at more than 320 state-owned dams unless people get special permission, leases, or permits from the government.
Breaking the rules could mean fines or even jail time. This hits hard on everyday people who just want to enjoy nature and the water, as well as farmers, small businesses, resorts, marinas, and tourism operators next to the dams. They could be forced into expensive, complicated Public-Private Partnership deals or risk losing the right to use their own land up to the 100-year flood line, with existing jetties, houses, and slipways possibly needing to be “formalised” or removed. Groups like AfriForum, SA Sailing, the anglers’ federation, tourism bodies, hospitality associations, and the Democratic Alliance say the rules go too far, break the National Water Act and the Constitution, and amount to an attempt to commercialise public water through rentals and fees — basically treating free public access as something the state can now control and charge for.
At the same time, critics point out that many dams and rivers, especially the Vaal, are already in terrible condition because of sewage pollution, poor maintenance, and bad management by the very same department that is now adding all this extra red tape. While the government says it wants better control and safety, a lot of people see it as another unnecessary layer of laws and regulations that stops citizens and farmers from enjoying the water and environments they have used freely for years, especially when the real problems of dirty dams are not being fixed first. The public comment period closed on 15 April 2026, and the department is now reviewing the many strong objections it received. No final decision has been made yet, and organisations are still pushing hard for the proposals to be withdrawn or greatly changed.
This also hits farmers and property owners hard, as the department claims control over land up to the 100-year flood line, which could force them to sign expensive Public-Private Partnership deals or risk losing rights to use water and structures on or near their own land. At the same time, farmers face broader challenges with water-use licences, where approvals are often linked to Broad-Based Black Economic Empowerment (BEE) requirements set by the ANC government. Critics argue this race-based approach, together with restrictions on transferring water rights and new rules on boreholes and strategic water source areas, puts extra burdens on commercial farmers who produce most of the country's food.
The South African government has introduced a new National Water Amendment Bill to change the current water law. One of the most worrying parts for the farming sector is that water-use rights will no longer be allowed to be bought or sold. Farmers and experts say this change will make many farms almost impossible to sell or buy, because banks and buyers have always seen water rights as an important part of the farm’s value and as security for loans.The bill also removes the right to get compensation if a farmer’s water allocation is reduced. Critics argue that water-use rights are a form of property and that stopping their transfer, combined with other changes, amounts to creeping expropriation without payment. This goes against the Constitution’s protection of property rights.The latest version of the bill was tabled in Parliament on 21 January 2026.
It will be discussed by the parliamentary committee on water and sanitation on 12 May 2026. There will still be a chance for the public to give written comments and attend hearings once the National Assembly decides to open it up for input.In short, the proposed law aims to tighten control over water use and make allocation more “equitable,” but many in agriculture fear it will lower farm values, hurt access to finance, damage food production, and add more pressure on farmers who are already struggling with unreliable water supply and poor management of dams and rivers.
This fits into the wider concerns about government water rules making life harder for both ordinary citizens who enjoy the outdoors and for farmers who produce the country’s food.
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