DWS making strides in addressing historical disparities on the leasing of the state land in Hartbeespoort Dam
The Department of Water and Sanitation (DWS) acknowledges the report released by the South African Human Rights Commission (SAHRC) on 26 November 2025 and the seriousness of the concerns raised by the Commission regarding historical disparities and the need to advance equality, dignity, and just administrative action in the management of state resources. The Department remains firmly committed to addressing these concerns as part of its broader obligation to promote social justice, transformation, and equitable access to public resources.
However, the DWS is not in agreement that, since 1994, it has violated the rights of black applicants or engaged in systemic exclusion. The inequities in lease allocations are a product of the apartheid legacy of long-term leases of 99 years. The Department experienced huge resistance during the process of revoking those long-term leases but ultimately the courts confirmed DWS’s right to revoke them.
The Department’s new lease policy only makes provision of maximum of 9 years 11 months a lease agreement. The Department also has a policy that converted all its dams from single purpose use to multipurpose and opened the dams and areas around them for other purposes including tourism, economic and recreational activities. In addition, DWS also managed to deal with matters of displaced communities during the construction of dams such as in Hazelmere, Driekoppies and Nandoni, among others, to ensure continued livelihoods for all those that have been relocated.
DWS agrees with the SAHRC that the process leading to the decision to revoke the Permission To Occupy (PTO) (albeit the fact that the PTOs were unlawful) was not in accordance with the procedure laid down in the Promotion of Administrative Justice Act, 2000 (Act No 3 of 2000). However, the decision to grant PTOs was neither informed by any policy direction of the Department nor any legislative requirements. Therefore, DWS stands by its decision until such time it is set aside by a court of law.
In response to the allegations of racism around the Hartbeespoort Dam that prompted the SAHRC investigation, the Deputy Minister of Water and Sanitation, Mr Deputy Minister Mahlobo and the Provincial Government of North West set up a Stakeholder Steering Committee (SSC) comprising of business owners operating around the state-owned land, communal property associations, civil society organisations, community representatives, provincial and local government, the Magalies Water Board as well traditional leaders to assist to deal with the complaints received from the local community around the dam.
The SSC established workstreams focusing on land access and opportunity, environmental, governance, regulation and by laws, safety and security, social cohesion and land matters beyond the dam. Steady progress has been made as meetings and interactions have been held between departmental officials and other partnering stakeholders.
The structure and mandate of these committees are aimed at addressing disputes between business community, locals, civil society, and government; managing issues related to access to and use of state-owned land; promoting inclusive economic growth and addressing racial tensions in the area; and advancing the health of the dam’s ecosystem. It is important to state that this is work in progress, which involves regulated processes, whilst being pragmatic at the same time.
DWS had an engagement with the SAHRC on 9 December 2024 and agreed to finalise the land lease policy and develop a plan to address the issues raised by the Commission. Since then, the Department has developed a strategy for improving and transforming the management of leases. The strategy was submitted to the Commission in April 2025 and covers areas including ensuring equitable access to leases, valid lease agreements for all land users, and promotion of tourism and recreational activities on state-owned land, amongst other subjects. This strategy is already being implemented, and most of the planned measures have been completed:
- The Department has made progress in dealing with the backlog of lease applications as well as continuing to assess new lease applications. Lease applications are assessed against objective evaluation criteria, including lawful access to the property, alignment with the approved Resource Management Plan and DWS requirements, submission of business and operational plans, compliance with rental conditions, permissible lease terms, water use licensing, and land availability (not already occupied, under investigation, or subject to Communal Property Association (CPA) management). Applications that fail to meet these requirements are rejected based on policy and criteria grounds, and not due to gender or race.
- The Department has developed a draft policy for leasing of land, as well as regulations for the management and control of Government Waterworks and surrounding state-owned land. These are in the final stages of completion and will be submitted to the SAHRC within the deadline provided by the SAHRC.
- The Department has put in place a Pre`-Screening Committee to review all the applications received and submit to the Land Lease Committee for recommendations. The Pre-Screening Committee convenes daily to ensure an efficient and thorough review process.
- The Land Lease Committee (LLC) now has clear Terms of Reference (ToR) for land lease processing. The LLC is now sitting three times per week to evaluate the applications and proposals based on departmental leasing criteria which prioritise Historically Disadvantaged Individuals (HDIs) and promote tourism and recreation activities at the Hartbeespoort Dam.
- As directed by the SAHRC, the Department has also embarked on a land audit of the Hartbeespoort Dam, and the audit is in its final stage. A communication plan as well as the legal actions process will be submitted as requested to the SHRC within 90 days from the release of report.
The backlog of 77 applications consisting of 42 African, 27 White and 8 from entities comprising of mixed races applicants which were received in the past have now been pre-screened, and only 21 (13 Black and 8 White) of the 77 applicants provided all the required information in their applications. The rest of the applicants were requested to provide the required information, however to date, 55 of the applicants have not submitted, while 1 applicant has indicated that they are no longer interested in leasing of the land.
The 21 applications have been presented to the Land Lease Committee and 15 applications comprising of 9 Blacks and 6 Whites have been approved and await vetting and evaluation by the Office of the Valuer-General (OVG) to determine the rental fees. The remaining 6 applications were not recommended for various reasons, including issues of proposed activities not being aligned with the Resource Management Plan for the Dam, or there being no accessibility to the land parcel being applied for.
The Department remains committed to advancing equitable access, correcting historical patterns of exclusion, and ensuring that the Lease Policy reflects both legal compliance and social justice objectives.
Furthermore, DWS is steadfast in its effort to ensure that leasing of state-owned land around Government Waterworks is lawful and in compliance with government policies. Moreover, the Director-General approved a structure for the Land Rights Administration unit to ensure sufficient and effective land leasing of land around Government Waterworks.
Media enquiries:
Wisane Mavasa, Spokesperson for the Department of Water and Sanitation
Cell: 060 561 8935
E-mail: mavasaw@dws.gov.za
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