Recently, the Department of Water and Sanitation (DWS) fined an Estcourt farmer in KZN, to a tune of over R1.7m for illegally extracting water from Wagendrift Dam to irrigate his crops without a water use licence.

The farmer was found to have contravened the Section 21 of the National Water Act (Act 36 of 1998) after the department uncovered an abstraction point on the bank of dam with no flow meter and that it was illegally pumping water into the farm for irrigation of crops using centre pivots.

A Notice of Intention and a directive instructing the farmer to halt operation of abstracting water was issued after it was found that the farmer did not have permission to use the water.

However, the farmer did not stop the activity which necessitated the department to take legal steps, using court route to force compliance.

DWS director of compliance, monitoring and enforcement Thandi Mopai said the farmer, through his legal representation, approached the department and agreed to pay an admission of guilt administrative fine of R1 770 392.75 within 45 days to avoid criminal charges. Through the Estcourt Magistrate’s Court, the farmer was issued with an order to pay the fine within the set period, counted from November 24.

Meanwhile, DWS communication specialist Marcus Monyakeni told Northern Natal News that the department will not hesitate to take action against anyone who is interfering with the free flow of water by erecting illegal dams. This, he said, counts for all provinces.

“Farmers who refuse to co-operate and refuse authorised DWS officials access to their private properties for inspection are also violating Chapter 13 of the National Water Act 36 of 1998, which grants access and rights overland. The authorised person may enter and inspect private property under sections 124. (I) and 125. (I),” he said.

Monyakeni urged whistle-blowers to contact their toll-free number on 0800 200 200 as he said ‘illegal damming is becoming more common in the country’.