ABSTRACT
This chapter examines the permitting system in South Africa within the context of South African water law's approach to integrated water resource management. It highlights the several shortcomings that may be experienced in respect of allocating rights by a permitting system. The chapter outlines the history of South African water law, which will demonstrate the need for a different approach to riparian rights when considered in the context of social transformation and explains the South African law relating to water rights. Consequently, at the time of the transition to democracy in 1994, most rights to water were enjoyed by riparian landowners, overwhelmingly white farmers. Since the decision-making for a water use licence in South Africa is complex, and involves processing a considerable amount of information, it is not surprising that there are often considerable delays in making decisions. Section 3 of the National Water Act 1998 provides: As the public trustee of the nation's water resources the national government.
