Operationalizing hybrid water law for historical justice
Enforcement of Existing Lawful Use, the inability of licensing systems to reach many South Africans, and over-riding of customary water tenure contributed to previously disadvantaged individuals still finding themselves without access to water and if they do, without the proper legal entitlement to the resource. Potential tools such as General Authorization and alignment with the land reform remained unused. This project analyses the reasons behind the interpretations and (lack of) implementation at national level to identify potential tools in a hybrid approach to water law. In collaboration with the Inkomati-Usuthu CMA, these will be pilot-tested in case studies in former homelands and a land redistribution case. This will further corroborate the alternative hybrid approach for historical justice.