Meta Description: The Water Services Amendment Bill would license all water providers and give the Minister stronger powers. What it says, where it stands in Parliament and what critics ask.
Last updated: 8 October 2026
Short Answer
The Water Services Amendment Bill (B24-2025) would amend the Water Services Act of 1997 so that every water services provider, including municipal departments, must hold an operating licence from the Department of Water and Sanitation (DWS). The department could direct a failing provider to fix problems or revoke its licence, and municipalities would then have to appoint another licensed provider. The bill was introduced in the National Assembly in October 2025 and, according to Parliament, had reached public hearings in August 2026. It is not yet law.
Key Takeaways
- The bill requires every water services provider to be licensed, with a 12-month compliance period after regulations are finalised, according to Parliament (15 July 2026).
- It strengthens enforcement: directives, licence revocation and fines of up to R10 million or ten years in prison for certain offences, per a DWS briefing recorded by PMG.
- Critics argue it concentrates power in the department and does not fix weak political oversight (Bishop Fraser, 12 March 2026; AfriForum, quoted by EWN on 17 August 2026).
- Public hearings began on 14 August 2026 in Mpumalanga, and no adoption date has been reported.
Where the Bill Stands
Parliament’s bill tracker lists B24-2025 as introduced by the Minister of Water and Sanitation on 3 October 2025, with later stages such as the Portfolio Committee, National Assembly and National Council of Provinces still shown as pending (the tracker may lag behind committee work). On 15 July 2026 Parliament announced public hearings in Mpumalanga, North West and Limpopo for August 2026, chaired by Portfolio Committee chairperson Leon Basson. SABC News reported that the hearings began on Friday 14 August in Graskop. We found no report of a vote or adoption date. One caution: a September 2025 Polity headline refers to Cabinet approving an Act, but the bill is not an Act, and the article itself discusses the earlier draft bill published in November 2023, so earlier summaries may describe older wording. If passed, the Act would take effect on a date set by Presidential proclamation, according to the Bishop Fraser analysis.
What the Bill Would Change
Licensing of providers
Under the DWS briefing recorded by the Parliamentary Monitoring Group (PMG), every water services provider, whether a municipal department, a water board or a private company, would need a DWS operating licence. DWS would have 60 days to decide whether minimum scores are met, and existing providers would receive interim licences when the system starts. Legal analysis by Webber Wentzel, published on Polity on 17 September 2025, noted that licence conditions are to be set in regulations.
Separating authority from provider
The briefing described a split between the water services authority, which oversees and regulates, and the provider, which delivers. Performance contracts would become mandatory, including for providers inside municipalities. The aim, DWS said, is to give providers control over billing, revenue collection and recruitment, to curb non-revenue water losses of almost 50% on average and the diversion of water income to other municipal functions.
Enforcement and penalties
The bill moves away from relying only on temporary interventions and adds tools such as pre-compliance notices and directives. Failing to comply with a directive would be an offence, with a maximum penalty of R10 million or ten years’ imprisonment. Section 82A would allow personal liability for company directors or municipal managers where intent is proven.
Water boards and standards
Bishop Fraser says water board governance would be tightened, with minimum qualifications and shareholder compacts. DWS could prescribe national standards for process controllers and regulate potable water quality, and tariff-setting would have to follow norms. EWN reported on 17 August 2026 that the bill would also ban the private buying, selling and trading of water.
Why Government Says It Is Needed
Parliament says the bill targets unreliable services, poor infrastructure management, declining water quality and weak enforcement. Webber Wentzel quoted the finding that 64% of wastewater treatment works are at high and critical risk. Bishop Fraser linked the bill to the water crisis acknowledged in the President’s 2026 State of the Nation Address.
Concerns and Criticism
In the PMG record, DA member Mr S Moore asked what happens if many providers fail to obtain licences when few alternatives exist, and whether DWS has the capacity and budget for expanded licensing; the Minister confirmed no major additional budget has been allocated. ANC member Mr S Dithebe warned that capital spending could be wasted if municipalities fail to hire skilled staff or let Eskom debt build up.
Outside Parliament, Bishop Fraser argues South Africa already has a modern water law and that the root problems are weak oversight and lack of consequences. It also says the bill centralises licensing, regulation and enforcement in DWS, which could itself act as a provider, creating a possible conflict of interest, and notes proposals for an independent regulator. AfriForum’s Hennie Bekker, quoted by EWN, said “giving the minister more power will not solve these problems unless there’s also independent oversight”. SALGA’s Mpumalanga representative, Walter Mngomezulu, warned that people illegally tapping water were not being acted against. These are views, not findings.
What This Could Mean for Residents
If passed and implemented, residents would not see licences on their taps. The practical effect would be seen in whether a failing provider can be replaced faster, and whether performance data become public. Implementation depends on regulations, DWS capacity and municipal cooperation. Residents can follow the committee’s programme on Parliament’s website.
What We Still Do Not Know
- When the committee will finish hearings and vote, and whether the bill will change.
- When licensing regulations would be published and the compliance period begin.
- How DWS will be funded and staffed to license many providers.
Frequently Asked Questions
Is the Water Services Amendment Bill law yet?
No. Parliament’s tracker showed it at introduction stage, and hearings were under way in August 2026.
Will municipalities lose their water functions?
Not automatically. The bill requires providers, including municipal ones, to be licensed, and a failing provider could lose its licence.
What penalties does it propose?
Up to R10 million or ten years’ imprisonment for certain offences, such as ignoring a directive.
Who regulates licences?
DWS would, which critics say needs independent oversight.
Can the public comment?
Yes. Public hearings were scheduled for Mpumalanga, North West and Limpopo in August 2026.
Sources
- Parliament of South Africa: Water Services Amendment Bill (B24-2025)
- Parliament: Media alert, Water committee to undertake public hearings on the Water Services Amendment Bill (15 July 2026)
- PMG: Briefing by the Department of Water and Sanitation on the Water Services Amendment Bill
- Polity (Webber Wentzel): Water Services Amendment legal analysis (17 September 2025)
- Bishop Fraser Attorneys: Water Services Amendment Bill, 2025 (12 March 2026)
- EWN: Mpumalanga communities appeal to Parly to ensure new Water Bill improves their lives (17 August 2026)
- SABC News: Parliament takes Water Services Amendment Bill to the public (August 2026)
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