Water-related offences are not yet fully acknowledged as serious crimes by South Africans, but the Department of Water Affairs and Forestry (Dwaf) reports that the newly established Blue Scorpions will speed up awareness about criminally reckless use of water within the legal system.

Blue Scorpions deputy director Nigel Adams says that the aim is to establish a dedicated prosecution mechanism with knowledge, expertise and understanding of the National Water Act (NWA), achievable with the cooper- ation of the Department of Justice.

Before the enactment of the NWA, water use was based on riparian rights. The NWA has forged a new era of water use, but there has been a significant increase in unlawful water use, with the verification of existing laws having often slowed down practical implementation of compulsory licensing. The identification and successful prosecution of transgressors are difficult under the current framework.

“Our role is not to politicise the NWA or the water services authority (WSA) and the forestry sector, but to ensure compliance and to monitor water use activities and to act when there is noncompliance,” says Adams.

The Blue Scorpions work closely with other units within Dwaf and with other law enforcement agencies. In the first quarter of the 2007/8 financial year, a 7% eradication of the backlog of unlawful water use cases was achieved.

Recent work in the Free State region includes issuing fines and written warnings for cutting unprotected trees, verbal warnings against various companies for selling unprotected trees, and putting a stop to about 18 cases of the unlawful use of water.

Two municipalities in this region are also being investigated by the South African Police Service for pollution incidents and cases are being forwarded to the Director of Public Prosecutions, with a dedicated advocate appointed to deal with water-related crimes. Adams says that the situation is “serious” and that an executive mayor of one of the municipalities has been replaced.
The Impala Water User Association, previously the Impala Irrigation Board, which owed Dwaf R57-million as a result of members not paying the board, has now paid up, thanks to the Blue Scorpions’ efforts.

“We need to drive our training and awareness programme as there are [not enough] people who understand the NWA and the WSA,” he says.