Africa-Press – South-Africa. Proposed regulations could significantly restrict access to dams and impose heavy compliance, liability and enforcement duties on waterfront property owners, raising concerns over property rights and state overreach.
On 16 January 2026, the South African Department of Water and Sanitation and Water Minister Pemmy Majodina published a Government Gazette notice.
This notice outlined the Proposed Regulations for the Management and Control of Government Waterworks and Surrounding State-Owned Land, which aim to regulate the recreational, conservation, and tourism use of national departmental dams.
Under these proposed rules, public access and recreational activities – such as fishing, boating, events, and swimming – are subject to formal safety rules, resource management plans (RMPs), and government oversight.
All users must exercise a duty of care, including strictly adhering to navigational aids, cooperating with authorities, avoiding excessive noise, and not operating vessels under the influence of alcohol or drugs.
The proposed rules also place strict regulations on landowners who own land upon which the government waterworks is constructed and where the department holds a servitude.
The regulations effectively turn these landowners into enforcers, inspectors, and record-keepers for the government.
Landowners who allow access to the waterworks across their property must take reasonable measures to ensure that all visitors are familiar with and adhere to the RMPs, the servitude conditions, and other regulations.
If a visitor fails to comply, the landowner is responsible for instructing them to leave and, if necessary, physically removing them from the waterworks.
Under the proposed regulations, landowners are also allowed to ban specific problematic visitors based on their right of admission.
They are required to keep detailed records of water use, including the number of visitors accessing the site, and submit these records to the competent authority annually.
Heavy compliance burden placed on waterfront property owners
Under the proposed regulations, landowners will have a strict statutory duty to report any general incidents or vessel-related accidents to the authorities.
They have the authority to search visitors and vehicles entering through their private property for dangerous objects, and can refuse access if such items are found or if a search is refused.
The regulations also empower owners to request required licenses, permits, and boating equipment, and they must deny entry if these are not provided.
Before allowing a boat to launch, landowners must ensure that the vessel and trailer are clean and free of visible plant material.
They must also refuse access to anyone lacking proper National Small Vessel Safety documentation or safety appliances, and they must keep thorough records of any vessels moored in designated areas.
If a landowner hosts an event, they hold full liability for the physical safety and security of participants, the property, and the event’s waste management. The state bears no liability for injuries, loss of life, or property damages.
If a landowner, their family members, guests, or clients fail to comply with the regulations, or if the landowner fails to report a known incident, they will receive a written warning.
Receiving three written notices within a 12-month period can result in the landowner losing their permitted access to the water surface entirely.
Organisations push back against the proposals
These proposals from the Department of Water and Sanitation have been met with intense scrutiny from organisations such as AfriForum.
It warned that these proposed regulations on the management and control of government waterworks are an unjustified and unlawful attempt to restrict public access to dams and expand state control over private property.
AfriForum explained that while it supports responsible water management, the proposed regulations go far beyond this objective.
“They introduce a parallel regulatory system that undermines existing rights, imposes excessive administrative burdens and places ordinary recreational use of dams under state control,” AfriForum said.
“A major concern is that members of the public will require permission to access dams owned or managed by the state, such as the Vaal Dam. Failure to do so could result in individuals facing criminal prosecution.”
The organisation said this effectively criminalises long-standing lawful activities – such as boating and fishing – that have been carried out for decades, and threatens private property rights.
“Landowners adjacent to dams would be forced to comply with extensive requirements and enter into agreements with the state to gain access to water from their own properties,” the organisation said.
AfriForum said this amounts to a deprivation of property rights without proper justification, adding that it is particularly critical of the apparent motive behind the regulations.
“The framework points to an attempt to commercialise access to dams by requiring lease agreements and payments for the use of water and adjacent land in favour of the state,” it claimed.
“This undermines the principle that water is a public resource held in trust for all. At the same time, the proposed system is administratively unworkable.”
According to AfriForum, the regulations will also introduce complex approval processes and compliance requirements that are unlikely to be implemented effectively, especially within a department already facing capacity constraints.
More broadly, the regulations distract from the real crisis in the water sector. The government is seeking to control the use of waterworks, such as dams, for recreational purposes.
However, it is failing to maintain infrastructure and prevent large-scale sewage pollution of rivers and dams, they explained.
“These regulations are not about responsible water management – they are about control,” said AfriForum’s Advisor for Environmental Affairs Marais de Vaal.
“The department is attempting to replace a lawful system with an unworkable framework that will restrict public access and undermine property rights.”
AfriForum called on the department to withdraw the proposed regulations and to engage properly with stakeholders.
It stressed that communities and water users in South Africa must be part of solutions, not subjected to regulatory overreach.
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