Farmers’ water rights and the law
“ South Africa is a water-scarce country and climate change is set to make water in even shorter supply in large parts of our country. One critical tool for drought mitigation is the ability to temporarily transfer water between users so as to maximise and ensure the efficient use of this resource. A recent South African High Court decision has confirmed that the sale and transfer of water is unlawful, and if recent policy is implemented, we can anticipate express statutory restrictions on the transfer of water-use entitlements in future.
THE HISTORIC POSITION
Water transfers are a heavily regulated and evolving area of the law and are subject to ongoing debate in our courts. Two key aspects are firstly,
