The water department says lease reform, not discrimination, explains unequal land access at Hartbeespoort Dam.
The department of water and sanitation (DWS) says it is making progress in addressing historical inequalities in land leasing around the Hartbeespoort Dam and disputed that it has systematically violated the rights of black applicants.
While acknowledging the gravity of the South African Human Rights Commission’s (SAHRC) findings, the department argued that current inequalities stem largely from apartheid-era 99-year lease agreements rather than post-1994 discrimination.
Apartheid-era leases and legal resistance
The DWS said it faced legal resistance when revoking those leases, but that the courts ultimately upheld its authority to do so.
It said it has since adopted a new lease policy limiting agreements to a maximum of nine years and 11 months, and converted government dams from single-purpose to multipurpose use, opening surrounding land for tourism, recreation and economic activity.
In addition, DWS also managed to deal with matters of displaced communities during the construction of dams such as in Hazelmere (KwaZulu-Natal), Driekoppies (Mpumalanga), and Nandoni (Limpopo), among others, to ensure continued livelihoods for all those that have been relocated.
Administrative failures conceded
The department conceded that the process used to revoke certain permissions to occupy (PTOs) did not comply with the Promotion of Administrative Justice Act, but maintained that the PTOs themselves were unlawful and granted without policy or legislative authority.
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Following allegations of racism around Hartbeespoort Dam, the department and the North West government established a multistakeholder steering committee to address land access, governance, safety, social cohesion and environmental concerns.
Stakeholder engagement and oversight
The DWS said steady progress had been made through these engagements.
“The backlog of 77 applications, consisting of 42 African, 27 white and eight from entities comprising of mixed races applicants, which were received in the past have now been prescreened, and only 21 (13 black and eight white) of the 77 applicants provided all the re‑ quired information in their applications,” the department said.
“The rest of the applicants were requested to provide the re‑ quired information. However, to date, 55 of the applicants have not submitted, while an applicant has indicated that they are no longer interested in leasing of the land.”
A land audit of the Hartbeespoort Dam is also nearing completion.
DWS said it remained committed to equitable access, lawful leasing processes and implementing reforms in line with SAHRC recommendations, adding that most corrective measures are already under way.
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