Given that many communities are still facing dry taps despite the allocation of R156 billion towards water infrastructure, what (a) mechanisms and (b) penalties of accountability have been instituted for municipalities that fail to deliver
Official source
Source domain: pmg.org.za
Collected on 17 June 2026
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Criminal prosecution for persistent non-compliance with the National Water Act
Municipalities that persistently do not comply with the National Water Act (for example, sewage spills) can face criminal charges laid by DWS.
- Who it is for
- municipalities with persistent non-compliance with the National Water Act
- How to act on it
- DWS lays criminal charges through its Compliance, Monitoring and Enforcement Chief Directorate
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The DWS has intensified its use of the National Water Act to lay criminal charges against municipalities for persistent non-compliance with the National Water Act, such as sewage spills. This is implemented through the Compliance, Monitoring and Enforcement Chief Directorate of DWS.
Conditional grants for bulk and reticulation infrastructure (Regional Bulk Infrastructure Grant and Water Services Infrastructure Grant)
Municipalities can benefit from conditional grants used by the Department of Water and Sanitation to invest in bulk and reticulation infrastructure to address backlogs and improve reliability, including for critical facilities.
- Who it is for
- municipalities needing investment in bulk and reticulation infrastructure to address backlogs and improve reliability
- How to act on it
- Municipalities receive/benefit from conditional grants administered by the Department of Water and Sanitation
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Through conditional grants such as the Regional Bulk Infrastructure Grant and Water Services Infrastructure Grant, the Department invests in bulk and reticulation infrastructure to address backlogs and improve reliability, including for critical facilities.
Incentive-Based Regulation certification (Blue Drop, Green Drop, No Drop)
Municipalities are audited through Blue Drop, Green Drop, and No Drop certification programs covering water quality, wastewater management, and water loss.
- Who it is for
- municipalities subject to DWS monitoring and enforcement of service delivery
- How to act on it
- Municipalities are assessed/audited through the Blue Drop, Green Drop, and No Drop certification programs
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Incentive-Based Regulation: The Blue Drop, Green Drop, and No Drop certification programs serve as primary mechanisms to audit water quality, wastewater management, and water loss.
Debt relief tied to payment performance (equitable share withholding and debt relief)
Municipalities that improve their payment records may receive debt relief, while municipalities defaulting on paying outstanding debt to water boards have their equitable share withheld.
- Who it is for
- municipalities defaulting on paying outstanding debt to water boards and municipalities with improving payment records
- How to act on it
- Municipalities’ payment records determine whether equitable share is withheld or debt relief is implemented by National Treasury in consultation with DWS
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In consultation with DWS, National Treasury is withholding the equitable share of municipalities that are defaulting from paying outstanding debt to water boards and implementing debt relief programs where municipalities payment records show improvements.
Corrective Action Plans for critical or poor performing municipalities
Municipalities identified as critical or poor performers must submit and implement corrective action plans to address audit findings.
- Who it is for
- municipalities identified as critical or poor performers
- How to act on it
- Municipalities submit and implement corrective action plans to address audit findings
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Municipalities identified as critical or poor performers are required to submit and implement corrective action plans to address audit findings.
Technical and institutional support to municipalities (turnaround strategies, water demand planning, deployment of expertise)
Municipalities are prioritised for support from the Department of Water and Sanitation to help them fulfil their mandate before penalties for non-compliance are instituted.
- Who it is for
- municipalities that need support to fulfil their water services mandate
- How to act on it
- Municipalities receive support from the Department of Water and Sanitation as part of its escalation framework before enforcement
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This includes technical and institutional support such as turnaround strategies, water demand planning, and deployment of expertise.
Facts
Reference
https://pmg.org.za/committee-question/36098/
Key Takeaways
- subject: mechanisms and penalties for municipalities failing to deliver basic water within six months
- department: Department of Water and Sanitation (DWS)
- mechanisms: technical and institutional support, turnaround strategies, water demand planning, deployment of expertise
- financing instruments: Regional Bulk Infrastructure Grant, Water Services Infrastructure Grant
- intergovernmental coordination: with COGTA, MISA, provincial government
- regulatory tools: Blue Drop, Green Drop, No Drop
- corrective action plans for municipalities
- direct intervention: Section 63 of the Water Services Act
- financial penalties: withholding equitable shares, debt relief programs tied to payment performance
- potential consequences: criminal prosecution under National Water Act
- date: 11 March 2026
- goal: address backlogs and improve reliability of water services
Dates
Opening Date
11 March 2026
Closing Date
11 March 2026