Government coming after one group of homeowners in South Africa
South Africa’s government is preparing to crack down on households with boreholes amid growing concerns about the unchecked use of groundwater by homeowners, businesses, and other users across the country.
The Department of Water and Sanitation has published draft regulations to monitor and regulate borehole drilling and groundwater extraction, warning that the country faces serious risks if underground water resources are not properly managed.
The proposed rules would require all existing borehole owners, including domestic users, to register their boreholes with the department.
Currently, commercial users are already subject to monitoring and registration requirements, while most homeowners are not.
Under the draft regulations, all borehole owners would need to capture their details and borehole information on the National Groundwater Archive.
Anyone planning to drill a new borehole would first need to obtain a geosite identifier before drilling can begin.
The regulations also require drillers and water users to submit drilling data within two months of completing a project.
Additionally, anyone installing pumping equipment must provide yield test results and recommended sustainable abstraction rates before groundwater extraction begins.
The department said tighter controls are necessary because groundwater reserves are increasingly under pressure.
“Without proper monitoring, groundwater reserves could potentially become depleted, leading to deterioration of water quality, environmental degradation, and reduced water security,” the draft regulations stated.
The department added that the regulations are intended to improve groundwater data management and allow authorities to better monitor the cumulative impact of borehole drilling and water abstraction across the country.
Homeowners and drillers who fail to comply could face severe penalties. The regulations warn that offenders could face fines or imprisonment of up to five years for a first conviction and up to 10 years for repeat offences.
However, the proposals have sparked backlash from ratepayer groups and residents who argue that the government is targeting homeowners rather than fixing crumbling water infrastructure.
Risk of criminalising homeowners
Ish Prahladh from the eThekwini Ratepayers and Residents Association described the plan as “ridiculous”.
“This is a ridiculous idea when the municipality cannot keep up with their promises to provide a basic right to the ratepayers and residents, and that is the reason ratepayers and residents look for alternatives,” he said.
“Look at Phoenix, Verulam, Tongaat, and other areas; if businesses had not helped to put boreholes in schools and special places, then all the communities would have been without water.”
Prahladh said the department should first focus on restoring municipal water delivery before imposing new regulations on residents. “We will definitely oppose this,” he said.
However, experts have warned that the rapid growth in private boreholes is creating a hidden groundwater crisis in South Africa.
University of the Free State professor Prof Surina Esterhuyse said South Africa is facing an invisible groundwater crisis driven by failing municipalities, climate pressures, pollution, and weak oversight.
“The danger is not that the aquifers everywhere will suddenly run dry tomorrow, but there’s a combination of municipal collapse and unmanaged bore expansion,” Esterhuyse said in an interview with Hot Business.
She warned that authorities currently lack reliable information about how much groundwater is being extracted because many boreholes are never formally recorded.
Esterhuyse said regulation is necessary but argued that the draft rules risk unfairly targeting ordinary homeowners.
“I think there should be more of a differentiation between the small-scale groundwater users compared to the big or large-scale users,” she said.
She warned that annual water-quality testing and mandatory metering could become unaffordable for many households and pose a real risk of criminalising residents who are simply trying to secure water for their families.
Instead, Esterhuyse suggested that the government encourage voluntary registration and reporting for smaller users, while imposing stricter oversight on mines, industries, and large commercial operators.
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