Shared Watercourses Management in the Southern African Development Community: Towards a More Comprehensive Shared Watercourses Management Protocol

The problem of water scarcity and the need for effective water resources management is not a recent phenomenon. It has been a challenge since time immemorial. However, fresh water resources have drastically dwindled in the recent past and continue to do so at an alarming rate. It is becoming apparent that, while many wars during the 20th century were fought over oil, conflicts in the 21st century will be over water. The interstate nature of these fresh water sources will inevitably heighten conflict as the scarcity of the resource intensifies. There are already widespread views that ‘if there is going to be a conflict about freshwater it is likely to be about the sharing of the waters of international rivers. In the context of the Southern African Development Community (“SADC”) region, ‘recent changes in economic and social developments have led to increased water demand and hence, pressure on the sub-continent’s water resources.’ It is estimated that five of the SADC states depend on water generated outside their borders to supply more than half of their total water resource stock. It is therefore imperative that efforts be channelled towards the adoption of a more comprehensive watercourse regulatory regime so as to fully utilise the opportunity for coordination of shared watercourses management that has been created through the political integration of the region. While there is a legal framework for the management of shared watercourses in the SADC region, the SADC Revised Protocol on Shared Watercourses (“the Protocol”), there is scope for improvement in terms of the Protocol’s principles and its implementation and the SADC. The Protocol needs to be replaced by a new regime that is more comprehensive and sets out implementation guidelines for Member States. The improved Protocol should clearly set out well defined principles of integrated water resources management with particular focus on the shared watercourses of the region. The Protocol should also comprehensively set out the duties and roles of Member States. It should be mandatory for Member States to incorporate the principles of the Protocol and implement these in their municipal legislation. In addition, the Protocol should clearly set out guidelines for the effective incorporation of principles and effective monitoring and compliance measures by Member States.