Water rights and land reform in South Africa: policy intentions and lived outcomes

Abstract

Twenty-six years into democracy, South Africa’s land redistribution programme continues to grapple with ongoing challenges related to productivity, livelihoods, and equity. While land reform has garnered significant policy and scholarly attention, access to water remains crucial, yet inadequately addressed, aspect of agrarian transformation. This commentary synthesises key academic debates surrounding water reform, land reform, and equity in South Africa, positioning them alongside the National Water Act of 1998, the White Paper on a National Water Policy for South Africa, and the recommendations from the Presidential Advisory Panel on Land Reform and Agriculture. From on a political economy and institutional perspective, the article argues that while there are progressive legal frameworks in place, they have not led to substantial water redistribution. This failure is attributed to fragmented governance, technocratic implementation, and entrenched power dynamics that favour established users. The commentary highlights the persistent gaps between policy and practice, particularly the disconnect between land and water reform. It proposed a conceptual framework that links law, institutions, and power to elucidate the ongoing inequality in water access. The article concludes that a meaningful evaluation of South Africa’s land redistribution programme must prioritize water equity and advocates for integrated land and water governance as essential for achieving inclusive agrarian reform.