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Journal of Public Administration (JOPA)

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ISSN : 2
Governance in water conflict management in South Africa : is there a case for a constitutional review?

Author: S. Balkaran

Affiliation: Walter Sisulu University

Source: Journal of Public Administration, 2023-03-16 19:15:42

Accreditation: Department of Higher Education and Training(DHET)



Abstract: Governance in water conflict management in South Africa : is there a case for a constitutional review?

Water and sanitation are constitutionally guaranteed fundamental human rights in South Africa. Comparatively South Africa has delivered on its constitutional obligation in providing water and sanitation. It is argued that the reasons for water related service delivery protests can be rationalised by applying the Theory of Rising Expectations. Constitutional provisions give local government municipalities extreme levels of autonomy insulating it from national or provincial interference. Municipal failure to fulfil their governance and constitutional obligations has provoked debate for a constitutional review. National government has the legislative and executive authority to ensure that municipalities effectively perform their functions, contrasting with the constitutional framework within which the government needs to govern, where the central principle guiding intergovernmental relations is cooperative governance. If systematic supp