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Water Security and the Right to Water in Southern Africa: An Overview

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      Abstract

      The Southern African region's water-related problems are quite diverse. From the struggles of indigenous communities in Botswana to the cholera outbreaks in Zimbabwe; from the difficulties of poor communities in accessing basic water services to the disputes between municipal councils and individual well-to-do water users, it is abundantly evident that water security is a goal/vision that needs to be pursued by governments. Yet, much of the holistic scholarly focus on water security within the region has been on transboundary water management, to the exclusion of local/national water constitutional frameworks. Through four cases from Botswana, South Africa, Zambia and Zimbabwe the paper addresses selected aspects of the varied water issues, in particular the constitutional right to water and how that impacts on water security within the region. The literature and case law reviewed in the paper indicate that while there are benefits to constitutionalising the right to water as a fundamental right, courts are still able to read the right to water into existing rights, especially the right to life. However, reading in has its own limitations, including that courts sometimes leave hanging/unpronounced government duties/responsibilities where the right to water is not provided for. Accordingly, the paper attempts to show that while the right to water could be read into other existing rights like the right to life, water security could be better achieved through an independent constitutional human right to water, which creates constitutional duties on the state.

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      Most cited references 50

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      The Global Web of National Water Security

       Mark Zeitoun (2011)
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        The Human Right to Water

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          "Phiri, the Plight of the Poor and the Perils of Climate Change: Time to Rethink Environmental and Socio-Economic Rights in South Africa?"

           LJ Kotzé,  L. Kotze (2010)
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            Author and article information

            Affiliations
            orgnameNorth-West University South Africa brews.soyapi@ 123456nwu.ac.za
            Contributors
            Role: ND
            Journal
            pelj
            PER: Potchefstroomse Elektroniese Regsblad
            PER
            Publication of North-West University (Potchefstroom Campus) (Potchefstroom, North-West Province, South Africa )
            1727-3781
            2017
            : 20
            : 1
            : 1-26
            S1727-37812017000100011 10.17159/1727-3781/2017/v20n0a1650

            This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

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            Figures: 0, Tables: 0, Equations: 0, References: 50, Pages: 26
            Product
            Product Information: SciELO South Africa

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