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DISCUSSION PAPER

South Africa

Natural Resource Issues inEnvironmental Policy

THE WORLD BANK INFORMAL DISCUSSION PAPERSSOUTHERN AFRICA ON ASPECTS OF THEDEPARTMENT ECONOMY OF SOUTH AFRICA

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PREVIOUS WORLD BANK PAPERS ON SOUTH AFRICA

Previously published in the World Bank series of informal discussion papers on SouthAfrica:

Levy, B. January 1992. "How Can South African Manufacturing Efficiently CreateEmployment? An Analysis of the Impact of Trade and Industrial Policy".

Kahn, B., Abdel, S. and Walton, M. May 1992. "South Africa: Macroeconomic Issuesfor the Transition".

Fallon, P. October 1992. "An Analysis of Employment and Wage Behavior in SouthAfrica".

Southern Africa Department, May 1993. "An Economic Perspective of South Africa".

Belli, P., Finger, F., Ballivian A., August 1993. "South Africa: A Review of TradePolicies".

Riley, T., November 1993. "Characteristics of and Constraints Facing Black Businessesin South Africa: Survey Results".

Southern Africa Department, February 1994. "South African Agriculture: Structure,Performance and Options for the Future".

Fallon, P., Pereira da Silva, L., April 1994. "South Africa: Economic Performance andPolicies".

Southern Africa Department, April 1994. "South Africa: Financing the MetropolitanAreas of South Africa".

Southern Africa Department, June 1994. "Reducing Poverty in South Africa".

In addition, a number of technical and seminar papers prepared by World Bank staffand South African counterparts in key sectors have been discussed in the country.

FOREWORD

This document is published by the World Bank in its informal series ofDiscussion Papers on the South African Economy. It presents a synthesis of ten subjectmatter and zonal studies carried out by South Africans under the auspices of the Land andAgriculture Policy Centre (LAPC), Johannesburg and funded by a grant from DANIDA.

The subject matter studies examine the policy climate pertinent to land, water,forestry and nature conservation, as well as the legal issues pertaining to theseenvironmental resources. The zonal studies provide a starting point to gain a clearerunderstanding of developmental issues and prospects in diverse regions of the country.The individual studies are available from the LAPC. A similar document to this has beenpublished in South Africa by the LAPC and has received comments from a wide range ofinterest groups.

This synthesis document, written by Professor Daniel Bromley of the Universityof Wisconsin, weaves the findings from the studies into a concise essay concerning themany environmental policy issues facing the new South African government, andillustrates some general principles that ought to guide policy formulation andimplementation with respect to water resources, land resources, nature conservation andforestry resources. The document has benefited greatly from comments provided by theSouth African Departments of Land Affairs and Agriculture, as well as from ourcolleagues here at the World Bank.

Southern Africa DepartmentThe World BankDecember 1995

Copyright° 1995The World Bank1818 "H" Street, N.W.Washington, DC 20433, USA

This is an informal study publishedfor discussion purposes only. It is not an official World Bankdocument.

TABLE OF CONTENTS

EXECUTIVE SUMMARY ................................................................ i

CHAPTERS

1. THE CONTEXT OF ENVIRONMENTAL POLICY REFORM .I

State Capitalism and the Environment .2Economic Dualism .3

2. LEGAL ISSUES IN ENVIRONMENTAI, POLICY .5

3. ENVIRONMENTAL POLICY REFORM AS NEW SOCIAL RULES .10

4. PROPERTY RIGHTS ISSUES IN POLICY REFORM .15

State Property Regimes .17Common Property Regimes .17

5. MANAGING FRAGMENTATION IN ENVIRONMENTAL POLICY REFORM .............................. 20

6. BUILDING LOCAL CAPACITY FOR ENVIRONMENTAL POLICY REFORM ............................. 25

7. POLICY REFORM AS A CONTINUAL PROCESS ................................................................ 27

REFERENCES ............................................................... 29

ANNEXES

I. WATER RESOURCES ................................................................ 30

II. LAND RESOURCES ....................... 40

Ill. NATURE CONSERVATION ....................... 51

IV. FORESTRY RESOURCES ....................... 60

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EXECUTIVE SUMMARY

1. This report addresses environmental policy reform with respect to waterresources, land resources, nature conservation, and forestry resources in South Africa.Population and urban issues will not be addressed.

2. Some imagine that environmental policy is concerned with "protecting theenvironment." However, policy is nothing but a struggle over whose interests the powerof the state shall advance. Therefore, environmental policy--properly understood--isprecisely concerned with deciding who shall determine the nature and extent of naturalresource use in the new South Africa. The degree of environmental "protection" is anineluctable by-product of that prior discourse and struggle.

3. Environmental policy reform in South Africa must not be allowed to fall prey tothe technocratic approach which dictates what "should" or "must" be done. Rather,environmental policy must be understood as a process whereby the people of the newlydemocratic South Africa undertake a continual discourse over whose interests theenvironment shall serve.

4. The political climate for environmental policy reform in South Africa findsconsiderable fragmentation in both a horizontal sense, and in a vertical sense. Horizontalfragmentation is found when a variety of governmental departments have competence andauthority for but a piece of the "environment." Vertical fragmentation is found whenauthority over the "environment" is scattered among the central government, provincialgovernments, and local authorities. The evolution of coherent environmental policy willrequire careful management of these two forms of fragmentation.

5. Environmental policy reform must not be imagined to be a one-off activity.Rather, environmental policy--as with all policy--must be understood as a continuingprocess of adjustment in the laws and administrative rules that define the domains ofchoice for atomistic economic agents.

6. It cannot be seriously imagined that a market economy can operate in the absenceof statutory laws, administrative rules, and customary norms and conventions. Hence, asSouth Africa moves away from the dirigisme of its apartheid past, it will be important torecall that even a more open economy requires a structure of rules and laws to bothconstrain and liberate individual choice. One need look no further than the former SovietUnion to see the results of efforts to create a market in the absence of a coherent state.

7. It is a false choice to say that environmental policy is better when it relies on"market" incentives as opposed to "regulations." This dichotomy is false because even"market" incentives--effluent taxes, tradeable permits for polluters--must be embedded ina prior legal structure that prohibits pollution unaccompanied by effluent taxes.

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Tradeable permit systems cannot function without a prior regulatory regime to specifytotal allowable loadings (or ambient standards).

8. The environmental policy problem in South Africa is compounded by theproblems associated with making an emerging federal structure function well in anenvironment of fundamental change.

9. Effective environmental policy requires meaningful compliance, and this calls fora process of judicial oversight and of the idea of public nuisance.

10. Environmental policy will be enhanced to the extent that the large NGO sectorcan be mobilized as a constructive partner to the national and provincial governments.

11. Environmental policy reform could be hampered by the implicit conflict betweenthe egalitarian ideals of the provisional Constitution (and presumably its successor) andthe traditions central to customary law among a majority of South Africans.

12. The existing and elaborate legal doctrines relating to water, land, and forestry--notto mention nature conservation--will impede clear progress towards coherentenvironmental policy reform.

13. Policy reform will be complicated by the fact that environmental resources enjoyno special legal status in South Africa. The concept of public nuisance is not welldeveloped. The legal system is predicated on the doctrine of private rights in naturalresources.

14. New environmental policy must recognize property regimes other than freeholdand state property. Common property regimes, when properly constituted and managed,provide viable--and socially acceptable--institutional arrangements for the vast majorityof South Africa's grazing lands.

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1. THE CONTEXT OF ENVIRONMENTAL POLICYREFORM

1.1 The advent of democratic government in South Africa provides a uniqueopportunity to assess environmental issues at the same time that other economic andsocial circumstances are undergoing sweeping change. Just as with housing, transport,public health, education, and labor relations, current environmental problems are theresult of the unique political and economic conditions that prevailed in South Africa sincethe end of the Second World War.

1.2 There are two aspects of South Africa's recent history that influence the process ofenvironmental policy reform in a democratic South Africa. The first is the extent towhich past economic policy was driven by the politics of apartheid. The second aspect--and one that flows inexorably from the first--is the extreme dualism of the South Africaneconomy. The apartheid structure dominated and legitimized economic policy. Inessence, South Africa was a state-capitalist regime in which most private entrepreneurs,rather than being autonomous decision makers of textbook economics, were largelyinstruments of the state. This was most obvious in white commercial agriculture, thoughit was prevalent as well in the mining sector. The inevitable outcome of state-capitalismin the service of apartheid is the extreme dualism present in the South African economytoday.

1.3 The economy of South Africa was state-capitalist for the simple reason that thestate decided which sectors it wished to favor and then set about to bestow subsidies andfavors on those sectors. As in the Soviet Union, everyone--in one sense--can be said tohave worked for the state. In an ironic subversion of South Africa's much-celebratedhistory of the fiercely independent boer, the white commercial farmer under apartheidwas probably the least independent--and the least market-oriented--of all theentrepreneurs in the "private" sector. The ubiquitous and non-trivial agriculturalsubsidies, and the many government bodies which constituted the sole market for mostagricultural commodities, certainly find no justification in the current view of a marketeconomy. In some important respects then, South African agriculture at the apex ofapartheid was not too far removed from that found in the former Soviet Union.

1.4 Let us consider briefly the environmental implications of state capitalism and theresulting dualism of South Africa's economy.

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State Capitalism and the Environment

1.5 The essential purpose of South Africa's economic system over the past fourdecades was to provide the fiscal means to support the politics of apartheid.Approximately fifty years after the early stages of apartheid, and as apartheid wasbeginning to crumble, South Africa "had the widest gap between rich and poor of anycountry in the world for which data are available. Eighty-seven percent of its land, and95 percent of its industrial undertakings, are in white hands [Sparks 1991, p. 388]."

1.6 Nor was the economic concentration only in terms of race. At that same time,over 82 percent of the market capitalization of the Johannesburg Stock Exchange wascontrolled by just 6 conglomerates--4 of whom controlled almost 78 percent of totalcapitalization.

1.7 This purposeful policy of the state to fuel a narrowly based economy has hadprofound environmental implications. The nation was forced to exploit its environmentalresources to fuel its increasingly isolated economy. This emphasis on economic survivaloften came without regard for the long-term consequences. Gold, diamonds, coal, otherminerals, and agricultural production became the focus of economic policy. According toDurning:

... the minerals industry contributes close to one-third of the republic's economicoutput, two-thirds of its export earnings, and more than one-tenth of its tax revenues.In 1988, South Africa sold gold worth $9 billion, coal worth $1 billion, and diamondsworth perhaps another $500 million [1990, p. 16].

1.8 The environmental implications are severe. "The nation's 450 mine dumps coversome 10,000 hectares between them and hold perhaps 20 billion tons of rocky waste [p.15]."

The physical side of mine wastes is perhaps less serious than the chemical side.Mine wastes commonly cause acidification of ground and surface water and releasetoxic heavy metals such as arsenic, cadmium, and lead ... Smelters for many mineralsspew out sulfur dioxide and toxic air pollutants on a scale matched by few otherindustrial facilities ... [p. 151

1.9 Hundreds of barrels of industrial solvents and effluents from paint making inPietermaritzburg, for example, have been found stacked among mud huts in thehinterlands outside the city. Not far away a British-owned chemical company operates amercury waste-processing facility upstream from the Valley of the Thousand Hills, adensely populated part of the KwaZulu reserve. In the Mngweni River, which flows intothe valley, mercury concentrations have been recorded at 1,500 times the level at whichthe U.S. Environmental Protection Agency declares materials toxic [Durning, 1990, p.17].

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1.10 The nation's low-sulfur coal has been mined for export (thereby earning valuableforeign exchange) while the high-sulfur coal has been burned to generate electricitydestined for white households far from the polluting effects of the generators. SouthAfrica was inordinately reliant on coal extraction. Durning notes that approximately ...85 percent of the nation's commercial energy comes from coal--a share exceeded only inNorth Korea ... aside from oil exporters and the notoriously inefficient centrally plannedeconomies, South Africa is the most energy-intensive country in the world ... The nationuses twice as much energy to produce a dollar of economic product as the United Statesand four times as much as Japan ... One environmental result has been acceleratedexploitation of coal seams through strip mining ... A second environmental result of thereliance on coal has been worsening air pollution ... South Africa's power plants give offabout 1.2 million tons of sulfur dioxide and 400,000 tons of nitrogen oxides per year. Inthe Eastern Transvaal Highveld, annual emissions of sulfur dioxide total 31 tons persquare kilometer ... or as high as 57 tons ... In East Germany, infamous for its coal-polluted air, annual emissions are only 30 tons [Durning, 1990, pp. 21-23].

1.11 Air pollution is a major impediment to agricultural and forestry production.Durning notes that... the Eastern Transvaal Highveld is not only the power plant of thenation, it is the forestry and agricultural heartland, and a critical watershed as well. Someair pollutants have been found to lower crop yields, and make forests highly susceptibleto a variety of natural ailments, while acid rain can traumatize fresh-water ecosystems[1990, p. 24].

1.12 One aspect of life in the former homelands is the extreme shortage of energy forpoor families. Fuelwood gathering in four reserves has been shown to require thatwomen ... make treks of six to nine kilometers every other day, collecting loads each timethat weigh about 30 kilograms ... 4 of the 10 reserves were already in fuelwood deficit in1980--consuming more wood than their land produced each year and therefore depletingthe ecosystem [Duming, 1990, pp. 10-1 1].

Economic Dualism

1.13 The dualism of the South African economy can be traced to the history ofdisplacement and forced relocation to so-called "homelands." Those Africans evictedfrom areas desired by the white population were relegated to the homelands and suburbantownships where they could constitute a compliant labor force. These rural and urbanenclosures of the black population hold profound implications for environmentaldegradation in South Africa over the recent past.

1.14 The labor situation in the homelands compounded the severity of resourcedegradation. Most of the residents were the very young or the very old. The more activeage cohorts were sent away to work in the mines or in other urban jobs. This contrivedlabor policy deprived the homelands of the very individuals who might otherwise provideleadership and labor to improve the quality of the land and its vegetative cover. Indeed,according to Durning, some 70 percent of the homeland income is earned in the white

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economy by unskilled wage earners who cram buses and minibuses for hundred-kilometer daily or weekly commutes, or who spend most of their lives working thousandsof kilometers from their families [1990, pp. 13-14].

1.15 In the townships, blacks were forced to live in semi-urban squalor without theusual amenities of urban places throughout the world. In the homelands, "Forcedrelocations and natural increase combine to give the homelands an average populationdensity higher than all but three countries on the continent. White rural areas are at mostone-tenth as heavily populated [Durning, 1990, p. 13]."

1.16 Erosion is the logical outcome of severe pressure on a limited land base. In the1980s, the government of Ciskei undertook an assessment of erosion. At that time, "... 46percent of the land in the Ciskei reserve was already moderately or severely eroded and39 percent of its pastures overgrazed [Durning, 1990, p. 8]."

1.17 In the white agricultural areas, government policy paid scant attention to theserious problem of soil erosion. The incentives were geared to increased production ofcrops, almost regardless of the environmental implications. Environmental policy willimprove soil management by assisting the new entrants into agriculture to developcropping plans and farm management strategies. This will be facilitated by educationalprograms that focus on the benefits of wise soil management. These programs will alsoneed to be accompanied by incentives that encourage soil conservation.

1.18 The intense population pressure in the homelands will be eased as new economicopportunities materialize for millions of individuals who will seek to acquire farms.Development programns will need to pay special attention to the restoration of degradedlands, and the development of sound farm plans for those areas now available to blackfarmers.

1.19 The current environmental situation in South Africa is the inevitable result of apolitical-economic system that no longer exists. The transition in thinking about newenvironmental policy will not be easy. Habits die hard, and some found the formersituation to be quite comfortable. But new environmental policies are now inevitable.

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2. LEGAL ISSUES IN ENVIRONMENTAL POLICY'

2.1 The current legal situation in South Africa does not accord special status toenvironmental issues. Rather, environmental questions are addressed in a variety ofrelated legal doctrines. These legal directives are generally the ad hoc product of disputesarising for reasons other than environmental management and protection. Muchenvironmental law, such as it is, arises from the Roman-Dutch common law.

2.2 The necessary starting point in discussions of environmental policy reform is tounderstand that the legal system in South Africa is predicated on private rights. Whileindividuals can initiate litigation over pollution, or the visitation of a nuisance, theconcept of public nuisance is not well developed. Hence, the legal catalyst for muchenvironmental improvement in other nations--especially the United States--is notavailable to groups of South African citizens suffering environmental damages.

2.3 Yet another problem is that much environmental law is seen as an instrument tobe used for oppression--reinforcing the domination of private law over public law. Waterlaw bestows unique capacities on those who own land. But the landless have very fewavenues open to them to acquire and control scarce and valuable water resources.

2.4 Finally, the various legal avenues are generally closed to all but the very wealthy,adding yet another distinct bias to the system. There is no tradition of a "publicintervenor" in South Africa--and certainly not one whose writ includes environmentaldamages. While the non-governmental sector is well developed in South Africa--thereare said to be approximately 10,000 NGOs in the country--their limited financialresources means that challenging the well-endowed private sector over environmentalproblems is rare, and usually a one-sided affair.

2.5 Despite this legal tradition, the new South African constitution containsprovisions for the development of environmental law in a federal system. The readyaccess to information of an environmental nature is provided for, and an administrativejustice clause forces the government to "show cause" why particular actions have beentaken. A provision in the property clause allows statutes to empower the government torestrict the use of private property in the public interest. There is also a provision for aPublic Protector to investigate corruption, maladministration, or the abuse of power atany level of government.

Observations in this chapter come primarily from reports to the LAPC by Jan Glazewski, Peter Lazarus, andlain Currie.

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2.6 In Roman law, and to a certain extent in Roman-Dutch law, fresh water resourcesbelonged to the state. In the 19th century, South African law moved in the direction ofprivate ownership for a few individuals (white), with a special emphasis on riparianownership. This emphasis on "riparianism" is embedded in the primacy of ownership ofland across which water flows. If water rights were simply given on the basis of "priorappropriation" then any party able to put water to a "beneficial use" would acquire thepresumptive right. Under the prior appropriation doctrine it might have been possible fora black settlement to develop a domestic water supply and thereby control its futureallocation. Riparianism bestowed that presumptive right through the intermediation ofland ownership unavailable to blacks.

2.7 Turning from water to other environmental resources, the original efforts at natureconservation resulted in the dispossession and relocation of local peoples to further theprotection of a "natural environment" that was defined by--and that would serve theinterests of--the white ruling class.

2.8 The National Parks Board was created by the National Parks Act of 1976. Underthe law, Park managers have the authority to manage and protect wildlife in reserves "inthe national interest." However, the Parks Board is unable to undertake jointmanagement efforts with local communities adjacent to reserve areas. Under the newdemocratic regime, it can be expected that this restriction will be modified.

-i LAW AND THFE ENVIRONMENT. . -.. .... ;|f The onept 1environment' iwas virull u own in legal language .before 1970and was

introduced1in the natural sciences only duiis century. However, dithe past two decads Hd tch attention hs been focused; Won -environmental Slaiw and many legislative provisions ehape obbeen i l ..........

passedW to deal with environmental: problems. Moreover,Jthe label 'environmental.' was retrospectattachedto at igelt number ofbfpre-1970 legal provisions--datig back t the: 17th cry--a& therealization dawned that those provisions, in fact, dealt with problems which todayare1 identified as'environmental. ..There Eis :nevertheless a:considerable idegree.of:uncetainty asito what exactlyconstitutes environmentlm law., This=uncertainty is due maily to a lack of claityover twdfJinamen1issues, i.e.:. (a what is understood :bJby the term: O'environment' and bwhic legal ulhespertainingto the environnient constitute environientallaw?i

om abie,.A. N re andScop of EnvironmeWl Law, in EnvironentaMS~t~ A')*a, apet.w. .ut an.o. 1994,p.m83

2.9 At this time, the Parks Board can enter into contractual agreements with privateland owners to create contractual parks. These will usually be multiple-use parks such asRichtersveld National Park. The Environment Conservation Act permits the creation ofprotected natural environments, and the National Monuments Act of 1969 allows for thecreation of conservation areas in urban centers.

2.10 The evidence suggests that at the present time, natural resource management inSouth Africa is seriously burdened by: (1) a history of dispossession of land for non-whites; (2) legal structures over water, land, nature conservation, and forests that favored

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narrow economic interests; and (3) total disregard for customary law. As environmentalpolicy reform proceeds, these three aspects of the recent past will dominate publicdiscourse and the collective quest for new policies consistent with democratization.

IMPLEMENTATION OF ENVIRONMENTAL LAW . .. . . . . .. ..

The mere existence of a body of eavironmental law, thuigh enseiiii''i finifsblg a.b:ai ftotaction, does not in itself provide.a solution to environmental problems. hIn .fa,t,themerepromulgation,of environmental legislation may lull the pulic into.a .fse sene of secu8ri ty that he:problems are being addressed, whereas there can be no realistic expectation of 8su8ce without the.adequate implemntation of such legislation....Tn so far as conservathon e-ftbts have-th aW. ta, .the failure, in general, may be ascribed not to insufficient or deficient legislation but imiy.to theunsatisfactory application of existing legislation. And the reason for this is to be fbund not. only n thelack of compliance by individuals with environmental-law precepts but especially in the:: lak credibility of public bodies entrusted with the administration of enviromaental law: fth liticlw toimplement existing environmental controls is suspect. .... .. .. ..

. . ....... :-. . ,:. .-.. ., .- - -..

F,rom: Rabie, M.A. "Implementadon of Environmental Law, " in: Environmetal AnnSouth Afria, Capetown.: Juta and Co. 1994, p. 120.

2.11 As policy reform proceeds, land restitution programs must be seen not as simplyan act of reacquisition of land by the dispossessed, but rather as part of a broader strategyof environmental re-enfranchisement. The coming struggle over legal structures pertinentto water, land, nature conservation, and forests must be seen not just as narrow legalissues but as a process of redefining whose interests the coercive power of the state shallserve. The tension between customary African law--with its emphasis on male chiefs--and recently adopted South African law that regards all sentient adults as legal equals,will cast a layer of complexity over environmental policy reforms that will be difficult intheir own right.

2.12 As environmental policy reform gets underway, the legal aspects of the processmust not be regarded as some separate and abstract reality. Rather, law must first beunderstood as the institutionalization--the collective recognition and codification--ofagreed-upon collective intentions. It is argued here that policy is the conjunction of: (1)intentions; (2) rules; and (3) the capacity to compel compliance. In that sense laws aresimply the rules and compliance protocols that give new intentions their effect.

2.13 As in many countries, much of current South African law is highlycompartmentalized. There are "water acts" and "land acts" and "conservation acts" and"afforestation acts"--each administered by separate agencies of government. Indeed,some of these are administered by both provincial and national agencies.

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THE. iSCOPE OF THE'-ENVIRONMENT

It E elt s obvious tht an abll-mracin}g concept of environtent, although- probably Xsati Facory: i:

cotet f nvrometl lwt would defeat the aim of identifyinig environmental law a5 a separate*rnc f liaw, -because the al-nompassin naur -of envrnmn woX w*t¢endtomake aE law:ES;

,: t. .: .E .:C E . ..- .. . .. : ; t E:SSi:0 . ...; . . .... .t .. g E i E i ! iR i id !E . f 0 f E X f f E E E E!

.From:. Rbie M.A.- vNatreand.Scope ofEnvironmental Law, in: E.viron.en..A. Mnagement inSont Afi-, Cptn:Jut and Co. ;01994, gp 89.; ti; S;00iSl:g:W;;;0f ::;; :00 j i0000

2.14 As if the problem of compartmentalized policy were not bad enough, the very ideaof modern "environmental law" will often be at odds with traditional ways of doingthings. Modern law starts from the presumption of the primacy of the individual. Muchof South African legislation concerning the environment starts with the common lawownership of landed property. Note that "common law" is not "customary law." Thelatter is the law of black Africans, while the former is the body of legal doctrine built upover 300 plus years of European hegemony. That accretion of purposeful colonial lawwvas teleological in nature--driven by the values and attitudes that allowed the creation ofa structure of separation and stigma that sanctified a narrow hold on privilege, comfort,and control of economic and social life in South Africa.

2.15 A legal system that starts with the idea of absolute ownership of the landed estate,that then adds on other social and economic benefits inextricably attached to the landedestate, and that then denies rights of land ownership to the majority of its citizens hascreated, behind the Lockean facade of "individual rights," a particularly durable andpernicious edifice. The Lockean myth2 is convenient politics, but it can make forinauspicious public policy. Yet, in partial recognition of Locke's hold on modernism, thenew South African Constitution contains a well-embedded "property clause."

2.16 Land is not the only asset to enjoy protection for those well served by the oldhegemony. Rural water supplies for black communities are seriously inadequate. Here,as suggested previously, those who own land have first claims on riparian water supplies.Put otherwise, secure access to water is virtually impossible without prior control overland. When white-controlled water boards sit in judgment of water disputes, hegemonyreigns once again in the form of operational reality.

2 There is widespread selective perception of what Locke had in mind when he celebrated private ownership ofland as arising from the mixing of one's labor with the land. While Locke allowed private appropriation underthese circumstances, he was clear to qualify such appropriation by the provision that there be "enough and asgood" left for others. Otherwise, as some commentators have noted, the Catholic Pope in Rome, from hismodest balcony, long ago could have acquired "ownership" of practically the entire planet--merely through theminimal efforts of his agents-explorers. See Bromley [1991].

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2.17 In the new South Africa, the former bantustans bring their own legal apparatusinto confrontation with a new--putatively democratic--hegemony. Provincial WaterLiaison Committees are now faced with reconciling what they will soon discover to beirreconcilable. Court challenges cannot be far into the future.

2.18 The new South African constitution gave, under pressure for unity, muchautonomy to the provinces and the local levels. Unfortunately, this granting of authority--in the well-intended spirit of conciliation--embedded in that historic document an idea oflocal autonomy that cannot long survive the hard reality of resource conflict at the local,provincial, and national levels. While some small part of land and water use are strictlylocal issues, the greater part of conflicts over use and management of these resources will,ultimately, evolve to the center. Rivers are not local assets. Most land, at least in itsenvironmental manifestations, is not merely a local asset. Forested areas are not merelylocal assets. And, most obviously, game parks and nature preserve are not merely localassets.

2.19 Of course there are local issues surrounding each of these environmentalresources, but it is a serious mistake to suppose that local bodies can promulgate lawsconcerning the use, control, management, allocation, and stewardship of these naturalresources. The evolution of environmental law in South Africa must be seen as anessential part of the development of environmental policy. Law and policy are but thesame thing in different clothes. To that topic we now turn.

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3. ENVIRONMENTAL POLICY REFORM AS NEWSOCIAL RULES

3.1 Public policy in any area--whether housing, rural development, or theenvironment--requires that careful attention be paid to three essential components: (1) theintentions of the collective will as formulated in various ways, and as expressed throughvarious policy pronouncements; (2) the associated incentives and sanctions (the rules)that are necessary to give those intentions effect; and (3) the necessaLy enforcementstructure and mechanisms to assure that the intentions of policy are, in fact, carried out.

3.2 It might be said, for instance, that it will be the "policy" of the new South Africangovernment to ensure that groundwater is managed on a sustainable basis. Notice thatthis aspect of "policy" captures only the intentions. The difficult part concerns therealization of those intentions through new rules, and effective enforcement mechanisms.

3.3 The "rules" part of policy design concerns how to implement the intentions. Howshall groundwater use be monitored? How shall "sustainability" of management bedefined? What criteria shall be considered to allocate shares among competing claimantsfor the limited groundwater supplies? Shall monitoring be the responsibility of a local ora national agency? Indeed, shall monitoring rest with the state, or with a parastatalagency? How shall the responsibilities of a monitoring agency be coordinated acrossregional boundaries--particularly in light of the fact that catchments and aquifers often donot match political jurisdictions?

3.4 Finally there is the issue of enforcement. What shall constitute decisive evidenceof groundwater extraction that threatens to exceed sustainable management? Shall graceperiods be allowed during times of extreme drought? If so, who shall constituteprivileged users? What inducements to groundwater extraction should be discouraged?What penalties for excessive extraction should be considered? How will these sanctionsbe administered?

3.5 Environmental policy reform will be difficult because environmental resource useand management in South Africa has been a direct by-product of apartheid in which thenation's environmental resources were seen as the exclusive domain of the rulingminority. As a result, environmental legislation and administrative rulings were disposedtowards extraction and exploitation, and only minimally concerned with protecting thequantity and quality of the nation's environmental inheritance.

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3.6 In addition to these general tendencies, current environmental legislation is ofteninconsistent, indifferently enforced, vague about enforcement obligations, and hostile topublic participation in policy formulation and enforcement.

3.7 Environmental policy reform will only succeed if efforts are undertaken todevelop a general framework within which environmental legislation might be situated.This framework must discuss the advantages and disadvantages of different statutory andadministrative structures, illustrating how different approaches will influence theincidence of information and enforcement costs, the burden of proof, and ease ordifficulty in gaining access to rule-making procedures. In addition, it will be important togive consideration to alternative dispute-processing mechanisms.

3.8 The process of policy reform must proceed from the need to explain theadvantages and disadvantages of locating different rule-making powers at different levelsin a national system (at the center, at the regional level, at the local level). Emphasismust be given to the implied organizational structure and institutional dimensions ofenvironmental policy under the emerging South African constitution.

INTEGRATED ENVIRONMENTAL MANAGEMENT

The integration of environmental concerns into publi poliy depends on an open systm ofgovernment, a wide disclosure of infonation and an informed citenry. South Africa hi --shistorically lacked these elements of government. Additional problems are likely to inlude the lackof scientific data, inadequate administrative structures and the lack of trained personnel.

Fturthermore, environiental assesment directs considerable attention at lonter4m or inter- ..generaionali ecological criteria, aesthetic. considerations and scientific/educational inierestgs nh mostles&-devcloped countries, including South Africa, scientific, educational or aesthetic requirements are::regrded by many to be a luxury, while concern for the future is seldom: as pressing as pesent needfor foo,- shelter and security...

-Tese factors exist in a context in which economic growth and development are necessar lyational goals.- Clearly, an approach to environmental evaluations in South Africa is =eded whih is

reflective of these conditions, taking account of both the limitations and requirements of this couOf utmost importance is that the- choice in environmental evaluation should differ from the spI/goapproach in industrialized countries. Rather, an approach should encourage decision-mker to -formulate an appropriat compromise,- with theemphasis on identifying options ,a facilitaig choice betweenoptions rther than only detailing the negativeimpacts of adevel9 t-me--

Prom:Preston, 04 .W, N. Robin an R.F Fuggle, wlnegrated Enironmental Mag:Enironmetal Management in South 4frka, ed. by R.$. Fuggle and M.A. Rabie, -capeto - --

d ACo. 1994 74849. - -

3.9 There will need to be special attention given to the constitutional, statutory, andcommon law aspects of both renewable and non-renewable natural resources. Pollution-control options will need to receive special treatment. In particular, it will be importantto explore South Africa's past and probable future participation in various international

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agreements, conventions, and accords that relate to environmental resources. Examplesinclude the Montreal Protocol on Chlorofluorocarbons, various agreements onbiodiversity, and those on greenhouse gas emissions.

3.10 Recall that any economy is simply a set of ordered relations that determine arenasof exchange among participants in that economy. A market economy cannot functionwithout working rules that serve to reduce the costs of: (1) acquiring information aboutpotential transactions; (2) negotiating bargains among transactors; and (3) enforcing thosetransactions that have been negotiated. The role of markets also requires a prior sociallegitimacy. This means that there must first be decisions concerning whose interests areto count, and how these interests will be articulated through the political system. In aword, an effective (efficient) market cannot exist until there is a coherent political entitythat establishes the legal foundations of markets.

3.11 Public policy fits into this institutional milieu in that new intentions and priorities--and their correlated institutional arrangements--the "working rules"--frame and redefineindividual domains of economic choice. Law, which is the empirical manifestation of astructured civil society, provides the guidelines for economic behavior. A marketeconomy requires a coherent legal system that indicates: (1) clear lines of authority andthe division of responsibility among governmental units; (2) clarity and precision in legalrules; (3) mechanisms and processes for the protection of property rights; (4) proceduresthat offer stability and predictability; (5) a sense of fairness focused on law as processmore than outcome; and (6) accessibility of laws and regulations to the public.

3.12 As new environmental policy is formulated in South Africa it will be important tokeep in mind that the general enterprise is concerned with the establishment of newworking rules that will reward individual initiative, yet provide protection for importantenvironmental resources. Environmental policy is about incentives, and therefore it isabout rules of transactions that millions of economic agents will enter into every day.

3.13 Prices, taxes, subsidies and other economic instruments are simply rules oftransactions. Former subsidies for fertilizer and agricultural chemicals led to theirexcessive use and this level of use then created environmental problems. Subsidies forinvestments in irrigation facilities inevitably led to an expansion of irrigation intomarginal lands. These subsidies also led to the accelerated depletion of groundwateraquifers. While some may choose to refer to these situations as instances of "marketfailure," it is more correct to understand that prevailing rules of transactions--the relativeprices--simply led to anti-social outcomes. Environmental policy must be understood asa process of getting the rules "right" so that independent economic agents make the"right" decisions vis-a-vis the environment.

3.14 An important dimension in human choice--and one of prime importance in SouthAfrica--is the relation between one's income level and one's time preference rate. It iswell established in economics that poverty shortens one's planning horizon. In practicalterms, it is difficult to worry about planting trees to mature in 5 years if one is unsure

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about eating next week. The extreme poverty of the townships, and the serious desolationand degradation of the homelands, are not conditions that conduce to decisions with along payoff. In that sense, poverty alleviation programs may, in fact, have a mostprofound impact on the quality of South Africa's environment.

3.15 It may help to think of the environment not as something to be preserved forothers, but as a source of valuable services that can improve human welfare now and intothe future. Some of these environmental services are renewable, while others arenonrenewable (or stocks) that are necessarily depleted as a result of their use by humans.

3.16 Renewable environmental services are both inputs into human activity, or theyserve as "sinks" for the by-products of human activity. Fish, trees, surface water andgroundwater, and range forage are renewable resources whose long-run sustainabilitydepends upon how they are used. If rangelands are overused, if watersheds aredeforested, if fish are overharvested, then the valuable services from these renewableenvironmental resources will diminish over time and economic progress will be stifled.Recent recognition of the importance of biodiversity is related to the maintenance ofrenewable resource flows of the type indicated here.

3.17 The other category of renewable services are the "sinks" that provideenviromnental benefits, very often free of charge. The atmosphere is quite capable ofprocessing a certain quantity of air pollution--automobile exhaust, factory emissions--without giving rise to health or ecological problems. However, as with the other group ofrenewable resources, if these beneficial services are overused, then serious environmentaland health problems will result. Concern for global warming and regional air qualityproblems in the industrial world are illustrations of the importance of the environment asa "sink" for certain by-products of modem life.

3.18 The essence of a new environmental policy for South Africa is to get the rules oftransactions right so that independent choices conduce to environmental sustainability.For renewable environmental resources, the sustainability principle would suggest thatuse rates should not exceed the natural regenerative capacity of the environmentalservices. Stock resources are those that do not regenerate; the most obvious examples aregold, minerals, coal and petroleum products. Here, the sustainability principle wouldsuggest that the depletion of these stocks should be matched by a correspondinginvestnent in other forms of capital that will keep on yielding benefits after thenonrenewable resources have been depleted. In the case of nonrenewable environmentalservices, one does not sustain the actual stock of the environmental service since its veryextraction precludes that. However, the environmental service can be thought of as anincome stream whose magnitude must be replaced by other forms of capital that willcontinue to yield a comparable income stream.

3.19 A new environmental policy must seek to conserve South Africa's uniqueenvironmental inheritance. As with most of its people, the nation's natural endowmenthas suffered not only from apartheid's forced illiteracy and poverty, but also from the

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exclusion of affected people from decisions about local ecosystems. This situationappears to have ended, as demonstrated in the recent Richtersveld decision in which thelease was negotiated--and modified--by the affected people who can now graze over6,000 cattle inside the National Park.

3.20 As Richtersveld and other cases worldwide show, biodiversity goals and humanwelfare can be mutually enhanced by promoting, to the fullest extent possible, sustainableuses--whether cattle grazing, collection of medicinal plants, or extraction of otherproducts. The maintenance of biodiversity is enhanced by seeking the opportunities inbiodiversity management rather than the presumption of conflict.

3.21 Most of South Africa's recognized conservation units are so valuable on a worldscale that they can provide the basis for meaningful livelihoods for local people. The keywill be to involve local people in decisions about the management of such reserves so thatthey have a stake in the ultimate success of the reserves. The notion of sustainabledevelopment is concerned, therefore, with assuring environmental resource use andmanagement such that future residents will have access to resource services and incomestreams enjoyed by current residents. Anything less than that runs the risk of sentencingthose living in the future to a less bounteous and pleasant life than that enjoyed by thosecurrently living. Sustainability, while often difficult to measure, is a valuable organizingconcept for guiding the formulation of environmental policy. The operational dimensionof new environmental policy--the implementation aspect--concerns getting the rules oftransactions properly structured.

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4. PROPERTY RIGHTS ISSUES IN POLICY REFORM

4.1 The essence of apartheid was to bestow private property rights (freehold) on thoseactivities deemed important to the success of the political system (mines, factories, theenergy sector, the commercial forestry sector, white commercial agriculture), and then toretain everything else under state control. In forestry and agriculture, freehold tenure ofland was a gift to those sectors deemed essential to the success of apartheid. Tax laws,rules over the ownership of land, and rules over the partial alienation of the freeholdestate were all driven by the need to lock up certain environmental resources (land, water,trees) in a few politically reliable hands. The resulting property regimes, especially in theagricultural sector, are therefore simple artifacts of apartheid.

4.2 Despite this granting of private ownership in a freehold estate on certain sectors,the state was not--evidently--prepared to trust even those so favored with the full rightsand responsibilities of ownership. We see, therefore, such legal anomalies as theSubdivision of Agricultural Lands Act in which white farmers were denied theopportunity to alienate a portion of their agricultural estate to a willing buyer. Whilerationalized today as an effort to prevent the spread of uneconomic units, this reasoning isa clear indictment of the economic sophistication of the rural yeoman at the heart ofSouth African folklore and reality. Are we to suppose that the sturdy boer was incapableof computing the economically efficient size for a farm?

4.3 The Subdivision of Agricultural Lands Act was, in itself, not a racially motivatedpolicy since non-whites were previously prohibited from owning land. Rather than aredundancy, the Act can be seen as a clear desire to limit the number of white farmers to acadre of dedicated sons of the soil. If white farms were to be carved up into smallerpieces, then the number of farmers would increase substantially, and the capacity of theapartheid state to continue to coddle them would have been compromised.

4.4 So while the Subdivision of Agricultural Lands Act is an obvious example of apolicy that has clearly outlived its purpose and justification, other land-related acts mustalso be reconsidered. More specifically, as new environmental policy is formulated, itwill be essential that existing property regimes in land be assessed. The artificialeconomic incentives under apartheid encouraged agricultural enterprises to extend thefreehold estate beyond the economically rational boundary under most feasible economicpolicy regimes. While marginal lands under normal economic policy were incorporatedinto the freehold estate, new policies in South Africa will mean that many of thesemarginal areas will move back out of the freehold estate. This transition will be drivenby the institution of a more coherent taxing system on land and its economic value.

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4.5 There must be a new recognition of the fact that for the majority of South Africa'sagriculture, production will be carried on under property regimes other thanindividualized freehold. Of course in the better areas, where water supplies are secure,freehold will continue to dominate. However, in the more arid parts of the country twoother forms of property regimes will need to be considered: (1) state property regimes;and (2) common property regimes. Before discussing these regimes, a slight elaborationis called for.

4.6 Property rights are social relations that define an individual (or a group) withrespect to something of value (the benefit stream arising over time from an object) againstall other individuals in the society. Property relations are triadic in that they involve:(1) benefit streams; (2) right holders; and (3) duty bearers. A property right denotes a setof actions and behaviors that the owner may not be prevented from undertaking. A right--by definition--implies an obligation on the part of all others to respect certain actions orbehaviors, and to refrain from preventing those actions or behaviors.

4.7 At its most fundamental level, to have a property right is to possess the capacity tocall upon the collective power--the socially sanctioned enforcement mechanisms--toprotect your claim to a benefit stream. This authority system could be the leaders of alocal village, or it could be a national government. Notice that rights only have effectwhen there is some authority system that agrees to defend a right holder's interest in aparticular benefit stream.

4.8 For instance, to have a right means that members of one group of livestockkeepers have a reasonable assurance that members from another group will behave in acertain way. The correlated duty means that those in the second group of livestockkeepers also have expectations about those in the first group. Failure to comply with thisobligation will bring some form of retribution from the authority system. In rangelandgrazing, one group has a right to use a specific range during a particular period only ifother groups or individuals are under some compulsion (a duty) not to interfere with thatuse.

4.9 If the first group must resort to force to evict others' livestock from a particularrangeland area, then this is not a situation of rights and duties. The right to a particulararea of rangeland is only as secure as one group's ability to enlist the coercive power ofsome authority system to control the potentially intrusive behavior. If both herdinggroups belong to the same sociopolitical entity, then it is to that particular authoritysystem that the aggrieved party would turn for enforcement of the claimed right. If theherders belong to different sociopolitical entities then the aggrieved party must seekenforcement of the right from some authority system that transcends that of bothcompeting groups. This may be the nation state, though it need not be.

4.10 As new environmental policy is being formulated in South Africa, the governmentwill need to be aware of the relationships among freehold tenure (private property), stateproperty, and common property. This latter property regime, so important in traditional

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African customs, was seriously undermined as part of the politics of apartheid. Privateproperty is reasonably well understood, but the two other property regimes--state propertyand common property--require a brief exposition.

State Property Regimes

4.11 The apartheid structure in South Africa made extensive use of state propertyregimes. In these regimes, ownership and control over environmental resources restswith the state, and management is carried out through its agents (government).Individuals and groups may be able to make use of the environmental resources, but onlyat the forbearance of the administrative agency charged with carrying out the wishes ofthe larger political community. National (or state) forests and parks, and militaryreservations, are examples of state property regimes. The state may either directlymanage and control the use of state-owned environmental resources through governmentagencies, or it may lease the resources to groups or individuals who are thus givenusufruct rights for a specified period of time. In South Africa, Kruger National Park is anexample of a state property regime.

4.12 State property regimes remove most managerial discretion from the user, andgenerally convey no long-term expectations in terms of tenure security. To be successful,such regimes require governmental structures and functions that can match policypronouncements with meaningful administrative reach.

Common Property Regimes

4.13 Apartheid was responsible for the virtual destruction of most traditional Africantenures. In formulating new environmental policy in South Africa, it is essential thatcareful analysis be undertaken of the feasibility of rehabilitating many of these commonproperty regimes. Before that is considered however, it is necessary to recall that policyrequires more than intentions--it also requires rules of implementation, and rules ofenforcement.

4.14 The history of destruction of common property regimes throughout Africa isdominated by failures of rules, and by failures of enforcement mechanisms. While therehave assuredly been instances in which public policy was formulated with the explicitintent of destroying common property regimes, many of them have simply beenundermined by the gradual breakdown of the endogenous rule structure, by thebreakdown of rules at the boundary of such regimes (such rules governing who mightenter the area), and by the failure of enforcement mechanisms pertaining to bothconstellations of rules. This history notwithstanding, a new environmental policy forSouth Africa will need to recognize the ecological, economic, and social legitimacy ofcommon property regimes.

4.15 In one important respect, common property (res communes) is essentially privateproperty for the group of co-owners because non-owners are excluded from use and

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decision making. Each of the co-owners in a common property regime has structuredrights and duties inside the regime. A true common property regime requires, atminimum, the same thing as private property: exclusion of non-owners. While property-owning groups vary in nature, size, and internal structure across a broad spectrum, theyare social units with definite membership and boundaries, with certain common interests,with at least some interaction among members, with some common cultural norms, andwith their own endogenous authority systems. Tribal groups and subgroups, sub-villages,neighborhoods, small transhumant groups, kin systems, or extended families are allpossible examples of meaningful authority systems within common property regimes.These groupings hold customary ownership of certain natural resources such as farmland, grazing land, and water sources.

4.16 Group property regimes are quite compatible with distinct individual use of one oranother segment of the resources held under common property. For instance, incustomary tenure systems over much of Africa, the ownership of certain farm land maybe vested in a group. The group's leaders then allocate use rights on portions of the landto various individuals or families. As long as those individuals cultivate their plot, noother person has the right to use it or to benefit from its produce. But note that thecultivator holds use rights (usufruct) only, and is unable to alienate or transfer either theownership or the use of that land to another individual. Sometimes there will beprovisions for permission to be granted by those in a position of authority, but thedecision is a collective one as opposed to an individual one. Once the current user ceasesto put the land to beneficial use as defined by the authority system, then the usufructreverts to the jurisdiction of the corporate ownership of the group. Contrary to regimes ofstate ownership, the customary common property regimes throughout the world areusually characterized by group-corporate ownership with management authority vested inthe respective group or its leaders.

4.17 An essential component of any property regime is an authority system able toensure that the expectations of rights holders are met through the effective enforcement ofduties on others. Compliance--protected and reinforced by an authority system--is anecessary condition for the viability of any property regime. In the absence of authoritythere can be no property. When the authority system breaks down, the coherentmanagement of environmental resource use can no longer exist. Under thesecircumstances, any property regime--private, common, state--degenerates into openaccess (res nullius).

4.18 The various property regimes elaborated upon here reflect economic conditions ofland and related environmental resources, and the social "overlay" that reflects how thoseresources are to be used for the benefit of the individual users, and of the newlydemocratic South African society.

4.19 A first step in formulating new environmental policy in South Africa must be thedetermination of which areas should remain in the freehold domain, which areas shouldremain in state property, and which areas should be restored to common property

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regimes. In some places it will be necessary for the new South African government todeclare its commitment to own and manage certain critical areas. Kruger National Parkcertainly fits this notion. But state property regimes may be created, as well, whereseveral competing user groups are unable to reach sustainable agreements amongthemselves.

4.20 In other areas, the new government will need only to assure external legitimacy ofboundaries, thus allowing the evolution of common property regimes over large expansesof rural South Africa. Note that the national govermment may be required to protect thenew common property regimes from intrusion by others, but can then delegatemanagement to the users themselves. Under this assured protection of the boundary ofthe regime, the co-owners are presumed to be able to innovate sustainable institutionalarrangements for managing the natural resources. This management, in addition toconcern for the nature and extent of natural resource use, would also be concerned withmobilizing and implementing investments in the natural resource. Such investmentswould, in all probability, constitute joint property among the co-owners of the regime.

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5. MANAGING FRAGMENTATION INENVIRONMENTAL POLICY REFORM

5.1 The key to successful environmental policy is to determine the best locus for:(1) engaging in a particular policy discussion; (2) formulating particular policies; and(3) implementing the working rules and enforcement mechanisms associated with aparticular policy.

5.2 First, there is a need to develop criteria whereby the policy dialogue onenvironmental matters can be properly located in a vertical dimension. The failure inmost--if not all--environmental policy discussions is that they fail to start with a logic foridentifying which level in the policy hierarchy is the necessary and sufficient one forchoice about environmental matters. The policy hierarchy is: (1) the national level;(2) the regional level; and (3) the local level. Most environmental policy fails toarticulate a coherent reason why practically all policy dialogue is presumed to be at thenational level, while the regional and local levels are ignored, or assumed so subservientto the national level that no conversations need be held there.

5.3 The central task is to develop criteria that will help the new South Africangovernment to understand that some environmental issues are best addressed at a locallevel, some are best addressed at a regional level, and some are best addressed at anational level. Given the extreme sensitivity to local and regional concerns in the newconstitution, these issues will continue to plague a new democratic regime in SouthAfrica.

5.4 The second imperative is to understand the proper role for executive decisions, forlegislative decisions, and for judicial decisions. Of course nations differ in how thesethree functions work and interact, and it is not possible to develop a template that works,in great specificity, in all places. In spite of that, there is a clear role for some generalconceptual work to help explain the logic of certain actions being determined in an arenaof bargaining (the "legislature"), certain actions being determined in the arena ofadministrative rules (the "executive"), and other actions being determined in the arena ofconflict resolution (the "judiciary"). The development of new environmental policy forSouth Africa must pay careful attention to these matters.

5.5 The challenge here is to develop the logic and criteria that will help environmentalpolicy to be formulated such that the proper domain of choice for different programmaticthemes is correctly situated in the evolving structure of governance.

5.6 As a third point, most environmental discussions and environmental programproposals are silent on the critical nexus between the individual and the state. One sees

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statements about all manner of environmental ills--or proposals for all manner of goodthings to flow from a particular program--and the impression is then left that there are noindividuals out there making millions of atomistic decisions that led to the currentsituation, and whose modified behavior is a necessary condition for things to change.

5.7 This relation between the individual economic agent and the state is simply ablack box into which new programs are dumped and, by assumption, behaviors areinstantly modified so that a better environment automatically results. However, the taskis to develop some guidance for policy makers that helps them see the critical role ofincentives that can induce compliance at a minimum of transaction costs. The merepassing of laws--or the development of administrative rules--is trivial, and oftencounterproductive, if there is no compliance. Indeed, most environmental problems arisenot from the absence of laws, rules, guidelines, and mandates, but rather from the factthat individual economic agents can ignore those strictures with impunity. It is often thecase that a nation does not need more laws or rules, but smarter laws and rules that arecunning in their effect. "Cunning" rules induce different behavior in a way thatminimizes the individual's interest in cheating. In economic terms, cunning rules areincentive compatible rules.

5.8 Whenever new environmental policy is contemplated, we face the seriousproblem of knowing precisely how and where to start. Coherent environmental policyrequires criteria for identifying those problems requiring immediate attention, those thatcan be addressed next, and finally those that may be present, but do not represent aserious threat to the society under consideration.

5.9 The policy problem is to develop environmental assessment criteria that are notdependent upon the disciplinary composition of a particular team of experts charged withconducting an environmental assessment. This will require a wide range ofenvironmental knowledge as an underpinning, but the payoff from a more comprehensiveassessment seems obvious. To use a medical analogy, the first step in an environmentalassessment should probably be done by a "general practitioner" following a set ofcoherent principles. Then, the diagnostic stage begins at which the "specialists" sit downand regard the "patient" from their respective disciplinary perspectives. This work mustalso develop criteria for deciding which problems require immediate attention, and inwhat form.

5.10 By way of general guidelines, care should be taken to investigate current patternsof environmental resource use in particular locales, with special attention given tomanagement of these resources in the commercial and the subsistence sectors. It will beimportant to develop indices of local resource degradation, and to understand the currentsituation in terms of long-run sustainability. Throughout it will be essential to payparticular attention to local power structures, to existing laws, rules, and customsinfluencing natural resource use, and to how households in the area respond to theseinstitutional conditions in terms of the survival strategies employed.

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........... ..... RESOURC MANAGEMENT ZONES.

The::::7re- are :far toorm,any people in: the rural areas On the easternside toftheFlis0!h :Riverand':-l the :-abject povertyin which they live; provide ittle 0hope tfor economic deveoment 'witout direc00--lltl;t:'.inervention- inspeciic. contexts... .h.e.overriding problems withregardtothe local.management of l

naturalresoures gare the lack of overarhigntitutional stuctues, the gweakes or'l 00000000--- ;:tlil 0appropriatenessof exis.ting structures b eause of.politicalllegitimacy,anthsuseqet' tota l.

breaown .of.comunictio een regiol districtandvillageinstittionsoef government... .e-demraion lof iResourtce lManagemet Z2onesi, wh,ich Xcorrspnd with thie 0Local Goenmn Districtj;divisions is treomended. tTheelection of members toserve gon Zoal ResourceeMa=nagement 00 lt;;Comtte that-will be carged wkith the on-going moniitorinig andi assessBmen of r}esource uase regimes

..... .... .. . .... s W .d . .. . i. . . . . . . ... ::jT; 0 0 S .. ... . ..;l0000 .. .. .0000000000000 .. .. .i .00 ....00 .. . .. . ... ... .. l-000000 .iaparticuare Zoone. is recommended

F0rom: Ainlie, Fox, had Fabricius "Twards l Policies forF ibeand Sutinale NaturalWReso.urc.e S;Use: The:Mid-Fish Ri rveroZoal St udy. Eater :Cap,p. .ii. ..

5.11 It would be helpfiil if steps were taken to engage local communities in aparticipatory process to detennine desired development scenarios for the future. Thesescenarios must recognize environmental sustainability, the economic and socialempowerment of local people, and the reorientation of natural resource regimes towardcommunity needs and aspirations. The work should call attention to the impediments toreallocations of various natural resources, and it should suggest local, regional, andnational mechanisms and instrumentalities to effect that reallocation.

-Infastructral- improvemnt shouild- focus on developmenti nodes an ariteries, rather than blnktgcoverag of ru lral tareas. Tis0 F0will encourgepeol tto -move towards ares tof hihr ptnia gwi60 thrtespet to employmeneDtand service provision. 00These development noes are areas to be Widenified;whc ae tehget rdce rtrn on investmenlt with regard tooconomic iability

envirnmenal sesitiity ad soial jstic. b te f ..

Pro ;0 mi: ;Ainslie;, Flox, andFabincius '"TowardsPolicies fr esible adSfainale Afatural-0 -0 -- gResource Use: The M gid-FishRiver Zonal Study,Eastern . p.. . .19-. 20 .. . ... .. ......

5.12 The accessibility of individuals and groups to particular natural resources must bedocumented and efforts undertaken to determine the major factors now influencingaccess--or lack thereof. Special attention should be paid to current use patterns, thecauses of resource degradation, sources of current conflicts over environmental resourceuse, and the institutional arrangements--rules, laws, customs--that have given rise to thissituation.

5.13 For each local area (say a catchment) it will be essential to develop severalfeasible scenarios of natural resource use in the area. These development scenariosshould emphasize environmental sustainability, the economic and social empowerment oflocal people, and the gradual reorientation of resource use toward community needs and

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aspirations. Efforts should be made to determine probable impediments to reallocationsof various natural resources, and to suggest local, regional, and national mechanisms andinstrumentalities to effect that reallocation.

5.14 It will be important to undertake studies of alternative farming systems in eachregion, and to make a determination of the sustainability of these systems. Patterns ofland and water use should be noted. Models of future development of sustainablefarming systems in the region should be developed. Prospects for enhanced socialforestry should be explored.

5.15 In certain areas, conflicts between existing uses is especially profound. Forinstance, in the Olifants River catchment, strip-mined coal presents a serious challenge tofuture environmental quality. Much of this coal is then used by ESKOM for powergeneration, creating serious air and land pollution problems. Agriculture in the catchmentfocuses on intensive arable production implying significant water usage for irrigation andthe use of agricultural chemicals. At the present time, irrigation uses over 50 percent ofavailable runoff, and the vast majority of groundwater resources. There is alsowidespread irrigation of communal lands under the management of expatriates.Extensive production often entails livestock being grazed on fragile lands.

DEMOGRAHIC PATTERNS

...the density of. population differs markedly in the study area: there is a.density of 71 pero pe..square kilometre in Tyefu. Location but only 34 persons per square kilometre: in: the rt mof: t.h studarea. Some of the causes of this imbalance include the chequered history.of lan -occupation...Political policies whih predate those institutionalised .through the entre n t apa rthid since1948 placed controls on population movement and meant that African people were r ted to.staying in certain areas. Economic policy which has propped up "white" a .ricu . . ........ allowed to run up massive debts while enjoying the protection of agricultural Control Boards. ha-ensured the survival of non-viable agricultural entrprises and the skewed populiation denstie-onthground.

From: Ainslie, Fox, and Fabricius "Towards Policies for Feasibe and Sstainable N tResource Use: The Mid-Fish River:Znal Stud, Eastern Cape, p. 6. - ...... - ..

5.16 In addition to irrigation, water is used for conservation and eco-tourism in theLoskop Dam area and in Kruger National Park. The catchment also entails trans-boundary resource issues with Mozambique. The development of coherent naturalresource management scenarios in the Olifants River catchment will depend upon acareful analysis of the economic, legal, and social aspects of rural restructuring in SouthAfrica.

5.17 In such areas, it will be important to focus on how to alter use and management ofnatural resources to improve the lives of millions of individuals now living in conditionsof serious deprivation. In the face of expected population increases with the demise ofinflux controls, it is possible that major adjustments in current use of environmentalresources is imminent. For such areas, it will be essential for the government to possess

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transitional plans indicating how anticipated conflicts over natural resource use will beaddressed.

5.18 For example, how will limited groundwater resources be reallocated away fromagriculture and toward domestic needs? How will land-use in agriculture respond to theincreased scarcity of irrigation water? What are the feasible avenues of increasedirrigation efficiency that will allow new domestic needs to be met, yet ensure that themost valuable agricultural uses can still obtain water? Water use in forestry must beassessed to ensure that future development plans result in an efficient allocation amongalternative land-use activities.

5.19 Finally, it will be important to understand current shortages of water forenvironmental services such as in-stream flow maintenance and wetland management. Inthese settings, it will be important to suggest alternative mechanisms for transferringwater to these activities.

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6. BUILDING LOCAL CAPACITY FORENVIRONMENTAL POLICY REFORM

6.1 The constant theme in South Africa is that the nation lacks the human capacity toformulate new environmental policy. This self-indictment is unfair to the many SouthAfricans who are quite well prepared to undertake policy analysis and policy reform.Perhaps it reflects the serious lack of self-confidence in South Africa following a verylong and difficult period of ostracism by the international community.

6.2 But there is another side to the indictment which raises an equally seriousmisunderstanding. There is the presumption in the idea of "capacity building" thatenvironmental policy is some technocratic activity in which deep esoteric knowledgeacross a range of disciplines must be embedded in government. The "mystification ofpolicy" serves a classes of educated elites who thereby manage to monopolize the policydiscourse to the exclusion of "normal" people. This view of policy is wrong headed andpernicious.

6.3 As emphasized elsewhere in this document, to formulate policy is to undertakesocial discourse on whose interests shall count. Shall farmers get the lion's share ofgroundwater, or shall impoverished villages have an equal chance? Shall forestrycompanies be able to condemn private land for plantations? Shall wildlife reserves besterile outdoor zoos devoid of lo^al people and their activities?

6.4 Of course there will be a need, from time to time, for "experts" to step in andclarify technical relations. But policy that is driven by engineers, ecologists, andeconomists will get it wrong every time. Policy reform is not an "engineering" problemwrit large. Rather, policy is a struggle over whose interests the coercive power of thestate shall be mobilized to protect and advance.

6.5 It is not immediately obvious to those of us who have spent time in South Africaover the past 3 years that there is any dearth of individuals with bright ideas aboutenvironmental policy. Indeed, practically everyone has an idea or two aboutenvironmental policy. The way forward is not to suppress this cacophony withtechnocratic Babel so that quicker and simpler "solutions" can be crafted by the anointed.The way forward is to formulate processes whereby this cacophony can be made morecoherent. Policy reform is the process of seeking convergence out of discordantpreferences.

6.6 In this light, the idea of "capacity building" must really be seen in its proceduralmanifestation as opposed to its technocratic manifestation. To build a capacity for

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environmental policy reform is to set in motion a variety of procedural steps that will, atthe end of the day, add up to something coherent in terms of intentions.

6.7 Of course there will be strong sentiments for letting the "experts" dictatenecessary policy directions. This tendency must be resisted at all cost. The NGOcommunity is of massive proportions in South Africa. With the ending of the liberationstruggle, in which they played a central role, the NGOs are uniquely situated to play arole in environmental policy reform--to the expected horror of the technocrats. But it isobvious to many of us that the level of expertise and commitment in the NGO communityis impressive and up to the task if properly funded and properly directed.

6.8 International efforts at "capacity building" must, therefore, emphasize theprocedural aspects as much, if not more, than the technocratic aspects.

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7. POLICY REFORM AS A CONTINUAL PROCESS

7.1 There seems to be a perception in South Africa that now that democratization hasarrived, it will be possible to create new environmental r olicy and then move on to othermatters. This notion has the unfortunate effect of causing environmental policy to beregarded as a static idea in which attention is devoted to the writing of a set of legislativemandates and administrative directives.

7.2 The essence of policy--based on its etymology--is politics. Policy is, therefore,nothing but the formal expression and manifestation of a struggle over whose interestsshall count. Shall those using groundwater for irrigation count for more than thoseseeking groundwater for domestic water? Shall those wishing to plant large numbers oftrees in the upper catchment areas count for more than those downstream who seekunimpeded access to scarce water? Shall those seeking pristine nature preserves count formore than those whose livelihoods are undermined by forced evictions from such areas?Is cheap electricity for the fortunate few worth the serious environmental degradation forthe many?

7.3 Policy is contentious precisely because it tends to sanctify the interests of onegroup over those of another. New policies will be particularly difficult in South Africabecause of the highly charged legacy of the past. As stressed at the outset, economicpolicy--and environmental policy--were motivated by severe disdain for the vast majorityof South Africa's citizens. Those formerly well served will balk at the loss of social andeconomic advantage. Those seriously deprived in the past are now quite ready to share inthe benefits of the future. It is "policy" that will alter these benefit streams among thecitizenry, and therefore the policy debate will be long and arduous.

7.4 Most everyone understands that policy reform is difficult. Not everyoneunderstands that policy reform is a never-ending process. Policy reform is interminablebecause we never get it right the first time. We don't get it right the first time for thesimple reason that there are few "right" answers. In policy reform we learn what we wantby discovering what we can have. And we cannot learn what we "can have" withoutexperimenting, without pilot projects, and without repeated efforts to make incrementalchanges.

7.5 In order for policy reform to succeed three conditions are necessary. First, theremust be some general recognition that the status quo ante is socially unacceptable. Itshould be clear that various mechanisms for aggregating collective views will give quitedifferent perceptions of the adequacy of the status quo ante. If a segment of thepopulation has no voice in collective matters then their views on the adequacy of the

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status quo ante will not be registered. When new voices are heard then it followsautomatically that the current situation will be found wanting. The earlier discussionabout policy concerning whose interests shall count is relevant here.

7.6 So when the "constituents" of the nation state are redefined we must expect thatcurrent policies--formulated in response to different voices--will be found inadequate.There will be a serious problem with the status quo ante.

7.7 The second component of policy reform concerns what we might call the"theoretical" element. It is one thing to understand that tie current situation is sociallyunacceptable, but it is quite another to comprehend how we might move to some morepreferred situation. Specifically, change requires that some well-served groupsunderstand that some modification in policy does not necessarily imply economic ruin orsocial dislocation. The "theory" enters here in the form of a set of c^herent "if-then"propositions that allows all parties to see the sequence of steps that will take them fromthe current situation to a new one that is more promising.

7.8 This conceptual stage cannot be created until the first stage--the generalrecognition of a problem with the current situation--is fairly well along. For without anexpression of dissatisfaction there is no obvious reason why new ways of doing thingsought to be entertained.

7.9 The third stage--political action--only becomes feasible when the first two stageshave been fairly well developed. Of course there will be some "politics" in denouncingthe current situation. And "politics" will enter as various interests struggle over the"theory" of how to get to some new desired circumstance. But the serious political stagemust await the development of the conceptual arguments that will convince some thatchange is both feasible and inevitable.

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REFERENCES

Bromley, Daniel W. Environment and Economy: Property Rights and Public Policy, Oxford:Blackwell, 1991.

Department of Water Affairs. Management of Water Resources of the Republic of SouthAfrica,Pretoria, 1986.

Durning, Alan B. Apartheid's Environmental Toll Washington, D.C.: Worldwatch Institute,Worldwatch Paper 95, May 1990.

Fuggle, R.F. and M.A. Rabie. Environmental Management in South Africa, Capetown: Juta,1994.

Sparks, Allister. The Mind of South Africa London: Mandarin Paperbacks, 1991.

Tapson, David. The Overstocking and Offtake Controversy Reexamined for the Case ofKwaZulu London: Overseas Development Administration, Pastoral DevelopmentNetwork Paper 31a, July 1991.

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ANNEX I

WATER RESOURCES3

1. As a nation, South Africa receives less than 60 percent of the average rainfalloccurring elsewhere in the world. The eastern and southern littoral are reasonably wellserved in this regard, but 2/3 of the country receives less than 500 mm of rainfallannually. One-fifth of the country receives less than 200 mm of rainfall annually.

2. It is no overstatement to note that water is the dominant factor in South Africanland use. Agriculture that is solely dependent upon rainfall cannot easily prosper in areasreceiving less than 500 mm of rainfall annually, meaning that the vast majority of thecountry requires supplemental water resources to support agriculture. This fact has ledtherefore, to major attention being devoted to the construction of large dams and water-management structures. It has also brought groundwater resources to the fore inagricultural practices.

A. The Current Policy Situation

3. Water resources in South Africa are largely defined by the legal doctrines derivedfrom Roman and Dutch-Roman law in which the distinction between private and publicwater is maintained. Private water is that falling on one's private land, soil water andgroundwater occurring on or beneath private land, and streams which rise and flow over asingle piece of private land. The government of South Africa has virtually no controlover what an individual chooses to do with such "private" water resources. The law failsto regard water as a national asset, nor is the hydrological cycle regarded as somethingrelevant to water resource issues. Rather, each source of water is regarded as distinct andsubject either to private or public control.

4. Private landowners have the right to divert unclaimed waters from streams. Suchriparian rights are part of the original title deed of lands and imply that in some locationsprivate landowners can claim and divert the entire flow of streams and rivers. Withincreased withdrawals of groundwater, with increases in rainfed agriculture andafforestation, and with a proliferation of farm dams, the country faces a situation ofserious decline in the water that ultimately reaches its water courses. It is said that arather small number of landowners now control the vast majority of South Africa's waterresources. At a minimum, approximately 2/3 of the nation's water resources are nowprivately owned and controlled. More ominously, the situation allows for private partiesto increase even further their control over the nation's water resources to the detriment oftowns and cities, industrial uses, and the maintenance of wildlife habitat.

Much of the material in this section is drawn from the various reports to the LAPC by Simon Forster.

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5. In agriculture, the riparian doctrine for water allowed white farmers to depletegroundwater--encouraged by subsidies to irrigation equipment--while neighboring blackcommunities struggled for drinking water. Water even served as a direct instrument ofapartheid; villages were denied water if local residents became too unruly. Large damshave displaced entire villages and bestowed the benefits of timely irrigation water andelectricity on white farmers and on white urban dwellers. South Africa's very high ratesof evaporation and insolation--combined with short river length--result in sustainablesupply falling below current use rates. At the present time, the very low costs ofirrigation water have led to agricultural uses that are said to exceed urban consumption bya factor of three. Such costs encourage both excessive use in agriculture (leading toincreased loss through evaporation and leaching), and irrigation of low-value productssuch as grass meadows and forage crops. Existing competition for water--and the risks ofincreased conflict over water in the future--have been exacerbated by artificially low costsof water extraction and use.

6. The average irrigation water use of one hectare of land is sufficient to meet thedomestic needs of almost 900 people for one year. Reducing the current water lossesassociated with irrigation by 1 percent would liberate enough water to meet the basicneeds of 9 million people. This prospect is given some urgency by the realization thatmost catchments in South Africa have reached (or are close to reaching) the fulldevelopment of their available water resources. Indeed, many catchments findthemselves presently "oversubscribed."

7. Water management is complicated by the fact that any member of the generalpublic who is lawfully situated next to a public stream may take water from that streamfor domestic purposes, stock watering, or use in a vehicle. The individual may also fish,bathe, or boat in the stream, even if the bed of the stream is regarded as private property.If upstream riparian abstractions threaten this new domestic use of limited water suppliesit is the upstream diversion that must yield.

8. A conflict of some concern for the future is associated with afforestation incatchment areas of limited runoff. An afforestation permit is essentially a claim onrunoff since it is issued on the basis of the estimated reduction in runoff brought on by anew stand of trees of a particular type. All river catchments in the nation are classified bythe percentage reduction in mean annual runoff (MAR) that is permissible due toafforestation since 1972. Some catchments do not allow any reduction in MAR, someallow a 5 percent reduction, and some allow a 10 percent reduction.

9. The recent droughts in South Africa have brought to the fore an apparentanomaly--while rural communities had to go with drastically reduced supplies, nearbywhite farmers made abundant use of groundwater for irrigation. The obvious implicationis that only some people must suffer from droughts. Under the new political regime inSouth Africa it is unlikely that this situation will continue to exist for long. Thesupported price of maize encouraged these excessive irrigation strategies on lands thatwere more suited to other crops. So we see that water management strategies cannot be

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separated from general economic policies--and agricultural policies in particular. Whengovernments subsidize groundwater extraction with artificially cheap tubewells, pumps,and electricity (or diesel fuel), then the fragility of the groundwater resource isheightened. South Africa has many instances of groundwater depletion, and some coastalagricultural areas have been destroyed by the subsequent intrusion of saline water intoaquifers.

fo k wezela,aser ement wabout sixkilometres sothl rofed ulws erepdrawngu ter not paying for it,has a strong development coubittee and water committee r hm a rsido s re nowidetrired tautority. Witfi the supportt of the KwaZulu Department of Aeiculture and ta: loam ifom4:thei EaZ;iilutfiace 0Corporation. , a reticulated ;water scheme was recently ¢ntute&00. Originally f0t:schemc 0X0000

watdesigned:: to deliver water to tpublic standpipes, and0rsdweei geiiid top%itiiolevyy0for thiis. 0Water.; When fitf was discovered that local residents worej drawing 00Water and noti pay0fzr jit,00thet ts hmwas; changed. Pu0blic istazndDives 0have tbeen removed 4W n00 residents aaedtow0re q dttftt000000pay R200 for an individual connection plus a flat rate mnhyof RiO. The result is that manyresidents cannot afford to "participate" in the scheme and continue to,wAl considerable, distatncesto$-collect water from springs and streams. Repayent on the loan are; far lower than expected, and this".could jeopardise further development funding... .The problemraisthe existing water infisttructuterandthe institutions in place to plan, install and maintain it. Physicalifinfastructure varies widely,depending on location and access to public sector funding. .The institutions in place to managetheseresources are fragmented, unco-ordinated, duplicated and feetl ineffectual... .Where funds havetbeen made available for project finance, it has tended to focus:0on :construction, rather than operationand4allocation. This is not cost effective, and the resultfis widespread*4dcaynand breAkdow n o fexisting~ infratstructure.

From: Eales, "Bulwer Zonal Water Managemen; Instt Z nfs re dDcision-Maig"pp. 1-3.

10. The competition for scarce water resources between rural communities and naturepreserves and parks is increasingly acute. The problem is compounded by the fact thatneither use holds a legally supported right to water. For rural communities, their right towater is based on a common law right under Homeland administration. Because naturereserves are not acknowledged in the Water Act as a legitimate user, and because theyhold no actual water right, natural areas are not in a position to challenge current or futureallocations. Administrative allocations of water to protect the integrity of natural areasare generally not supportable in law.

11. While nature preserves are not large consumptive users of water, they oftenrequire large flows to maintain aquatic and riverine habitats. But of course the politicaldimension of this conflict cannot be easily dismissed. Nature reserves are regarded ashavens for rich white people--many of them foreigners--while domestic water supplies forrural communities concern the improvement of life for the black victims of apartheid. Itis difficult to insist that the well-being of wildlife is more important than the well-beingof black South Africans so long oppressed.

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12. The rapid decline in South Africa's groundwater resources raises important policyquestions about the management of this important resource. During the drought of 1992-93 groundwater levels in parts of the Northern Transvaal fell by as much as 10 meters.Abstractions by nearby white farmers were the apparent cause of these serious declines.

RESOURCE CONFLICTS IN NKOMAZI

Conflicts for water resources are or will be exacerbated by pricing policies. Presently,householders receive water (if it reaches them) gratis. Irrigation farmers pay R90 per ha per monthfor pumping costs. Residents and farmers resist paying for water because it has traditionally been afree resource. Should the policy in the 1994 Draft white paper on Agriculture be implemented, theywill in due time pay market related prices for water. Prices for water in Nkomazi will rise, and theensuing conflict will need to be managed.

There is actual and incipient conflict between stock owners and the KaNgwane Parks Corporationregarding use of woodlands. Stock owners suspect that they will ultimately lose their grazig rights inthe 9000 ha cattle-game scheme.

There has been a progressive change in the structure of Society in Nkomazi as the degree ofllandi,,essness has increased. Loss of land to township stands and other uses has resulted in the declineof the size of dryland holdings and hence increased opportunity cost to the families concerned. Cattlefarmers hve 'lost'grazing land to sugar and to settlements. Sugar cane farmers have, in sonme degree.bom 'depe,d,,ent upon the corporate sectors to whom their produce is sold. Women have not beenthe benefkiaFeis of any of the current agricultural projects, with the exception of the QezindlalaWomen's Club at Driekoppies and the Madodeni Women's Club. Community members who are notincluded' in associations an other pressure groups tend not to gain access to resources.

Land redistributidon: to sfy the needs of Nkomazi residents could in part be achieved throughredistribution of State land. The balance would need to be achieved through acquisition andredistribution of privatelyw lad.. .Commercial White farmers near Nkomazi generally recognisethe land claims issue and feel it is t government's responsibility to allocate the land needed to satisfypeople's demand.

The Nkomazi region, though rural, does not support an agrarian society. Rather, it is a society ofcommuters, with most households beig dependent for their welfare on incomes earned fromneighboring conunercial farms, andithe ,'industrial and service sectors of nearby towns. This reflectspast apartheid policy impacting on demographics and a failure to develop Nkomazi's naturalresources.

Prom: "Summary of Nkomazi Zohd.Study. ' pp. 11-14.

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B. Towards a Water Policy for the Future

13. Current use of rural water supplies is seriously distorted towards commercialagriculture and electricity generation. Local water authorities have been known toterminate rural water deliveries as a means of exercising political control in black areas.New policies for rural water resources will necessarily entail a complete revision of theexisting patterns of water allocation, use, and control. It may be necessary to start bydesignating specific quantities of water for domestic uses in rural towns and villages. Itis these areas that have suffered severely under apartheid. It may also be essential todetermine whether or not a given amount of annual water supplies needs to be allocated,within each catchment area, to the enhancement of environmental needs such as in-streamhabitat protection, wetland maintenance, and other wildlife needs. Beyond these priorreservations, the excess annual available supply within each catchment area might then bemade available to other uses. These uses will include power generation, irrigation,mining, and other industrial uses.

14. Environmental policy in South Africa will need to be accompanied by coherentsurface water and groundwater legislation and administrative codes. These institutionalarrangements will help to assure that surface water is allocated to its best use, and thatgroundwater resources are not depleted by the inevitable rush for individualized controlover water for agriculture. The reliance on groundwater by a large number ofindividualized pumpers is a sure way to destroy valuable groundwater stocks.

15. The coordinated use of surface water and groundwater--referred to as theconjunctive use of water--is an essential aspect of new environmental policy. Agriculturein many developing countries relies on a mix of these two sources of water.Development assistance has a long history of developing surface water resources.Irrigation dams, distribution networks, ditches and control structures, and water-users'associations are well-knowri examples of efforts to control the time and space variationsin surface water.

16. Environmental policy will need to pay special attention to pricing regimes inwater use. This would improve agricultural water management, promote waterconservation, and rationalize water allocation among competing interests. Such policiescould also be a boon to community development in rural areas where water is nowexceedingly scarce. It is possible that rural groundwater extractions may be bettermanaged if they are under the control of community-based water users' associations.

17. A new water policy for South Africa will need to start with certain generalprinciples. For instance, is it necessary and feasible to create a system of assured waterrights to rural villages for domestic needs? If so, then the problem becomes one of howto provide assistance to rural water systems through technical assistance and cost-sharing,and how to ensure the protection of the quality of rural drinking water.

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18. Similarly, is it necessary and feasible to establish a system of assured water rightsfor environmental purposes? If so, what are the options to adjudicate competing claimswhen hydrologic conditions render traditional uses infeasible?

19. There will need to be an evaluation of the feasibility of limited-term tradeablepermits to facilitate the allocation of water within and among irrigation, industry, andpower generation. Along similar lines, it is necessary to determine feasible alternativemanagement regimes for the sustainable conjunctive use of surface water andgroundwater resources. Given the geographic disparities in water supplies and waterdemands, it will be important to investigate the necessity (and the feasibility) of futureinter-catchment water transfers (including the international transfer of water amongneighboring nations). This work must be preceded by careful analysis of the allocation ofscarce water resources among catchment areas.

20. Given that current water resource problems are largely due to serious flaws inwater pricing regimes, it will be essential to explore the feasibility of different water-pricing arrangements to induce efficiency in water use--especially in agriculture--and toreduce the contamination of groundwater by agricultural chemicals.

21. The new South African Constitution, which is subject to modification over thenext several years, grants local units of government authority over water resources andother aspects of daily life. Section 175(2) notes that:

"... a local government shall be assigned such powers and functions as may benecessary to provide services for the maintenance and promotion of thewell-being of all persons within its area ofjurisdiction."

And 175(3) states that a:

"... local government shall, to the e tent determined in any applicable law, makeprovision for access by all persons residing within its area of jurisdiction to water,sanitation, transportation facilities. electricity, primary health services, education,housing and security within a safe and healthy environment, provided that suchservices and amenities can be rendered in a sustainable manner and are financiallyand physically practicable."

22. At the present time, riparian land owners possess the most extensive rights tosurface water. Such individuals do not actually own the water which forms part of theirriparian rights. Rather, such individuals have the right to use such water for domesticpurposes, for irrigation, and for watering livestock. A decision from the Water Court isrequired if such water is to be used for any other purpose. For irrigation uses the waterremains public in nature, meaning that the portion which returns to a stream is publicwater. Hence, an individual diverting water for irrigation is not free to sell that divertedamount. The irrigation must be of a commercial crop and cannot be used to water anatural veld, a few trees, or a garden. An individual in possession of a use right over

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water may not put that right in jeopardy through non-use--regardless of the time spanover which the right is not exercised.

23. There is some rationale for a number of fundamental changes in South Africa'swater law. Included here would be the separation of water rights from the rights attachedto land, and a new effort to define the legitimate uses of scarce water resources. Existingwater "rights" could be converted to licensed claims on water for particular uses andspecific times of the year. These licenses could be tradable and thereby might contributeto a more efficient and equitable allocation of limited water among competing users.

24. Given the probable resurrection of communal lands, water access mayincreasingly need to be associated with individuals rather than with particular parcels ofland. Or, perhaps the opposite conclusion is best in which water is inalienably associatedwith particular communal areas. The problem will clearly require rrore analysis.

25. One of the novel "uses" of water resources in an arid climate is that allocated toafforestation. Commercial afforestation has been practiced in South Africa from about1875. Trees, planted in the upper reaches of a catchment, represent a new claim onlimited water resources. By intercepting scarce runoff, downstream users find themselvesdeprived of water supplies they formerly regarded as secure. As early as 1915 SouthAfrican farmers were filing complaints against continued afforestation programs. Suchcomplaints accelerated during the drought of the mid-1960s.

26. A governmental committee was established in response to pressure from farmersand in 1972 the Afforestation Permit System (APS) was introduced. The criteria forpermit allocation were based on the general understanding of the impacts of afforestationon runoff. As such, the criteria considered only reductions of 0 percent, I0 percent, and20 percent of the 1972 values of Mean Annual Runoff (MAR) from primary catchments.The pernit process failed to consider the impacts of afforestation on river flow regimes--especially low flows. This process has had the perverse effect of pitting farmers andother downstream claimants against the possible need to provide vegetative protection todenuded hillsides. These conflicts will require careful analysis in the immediate future.

27. Potential conflicts can be reduced with careful planning of afforestation initiativesaway from the riparian zone of rivers susceptible to low flows. Moreover, it may help thesituation to avoid extensive plantings in the recharge zones of such rivers. Strict rules aresaid to exist to preclude afforestation in riparian and recharge areas, but it bears study todetermine if the new system is working. Black wattle chokes the rivers of KwaZuluNatal, blue gum is prevalent in the riparian areas of the Eastern Transvaal, and thecatchments above Cape Town are becoming overgrown with pine. The presence ofcommercial afforestation in such zones is largely without purpose since access costs forharvesting tend to be high.

28. It will be of increased importance that this water allocation problem is solved assoon as possible. It seems particularly important that coherent management plans bedeveloped for the nation's riparian and recharge zones. The failure to control the

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encroachment of exotics may well necessitate the construction of more dams to capturewater for seasonal uses.

29. One of the pressing needs in rural South Africa is for black residents, longdeprived of adequate water supplies, to receive adequate domestic water. The conflictswill be obvious. South African law recognizes the private nature of groundwater andtherefore white landowners have a presumptive right to continue to abstract as muchwater as they wish.

30. The policy problem arises over who should pay to assure reliable water suppliesto newly enfranchised rural blacks? Must the government underwrite all of these costs,or should the white agricultural community relinquish some of its previous usage? Theissue will be joined in the courts and the parliament where the status quo system of waterrights must be reconsidered. Efforts to control total abstractions are ~xpensive and havemet with limited success in South Africa. As long as a system is voluntary, there is noassurance that many--of not most--current abstractors will continue to insist that theyhave absolute rights over groundwater and therefore to jeopardize collective action in theabsence of legal restrictions.

31. Future water management in South Africa can only become coherent with carefulattention to both demand-side and supply-side issues. These would include a greaterattention being paid to priorities in use, the elimination of perverse economic incentives,the possibilities for limited water-pricing options, and the introduction of water-conservation measures in agriculture. In this latter regard, it is important to recognizethat the "feasibility" of water conservation measures is very much influenced by the priceof water. As long as farmers can have as much water as they like--and at a virtually zeromarginal cost--there is certainly no incentive to invest in conservation measures. Suchinvestments only make sense if they offer savings to the individual user.

32. With the elimination of the bantustans, the rural water systems will now becomethe responsibility of national and regional authorities. The ultimate division ofresponsibility--including the involvement of local communities--will place a seriousburden on governments at all levels. When the significant budgetary costs are includedwe see that water supply may well be the most pressing of all environmental problemsfacing South Africa. It is estimated that there is a current backlog of approximately R2-R3 billion for water supply services in South Africa--a major problem to a nation withsevere budgetary problems.

33. Major reliance on groundwater for domestic use presents two other problems.Overdrawn aquifers can easily become calcified and lose their permeability--therebydiminishing their future yields. Of equal importance. pollution of groundwater can renderall water supplies in a region completely worthless. Contamination from livestockwastes, agricultural chemicals, and other rural activities can pose serious threats. Inaddition, sanitation systems in rural South Africa are generally recognized as profoundlydeficient. The practical effect is that many rural water systems are delivering unpotable

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water to millions of residents. A recent outbreak of typhoid in the community of Delmasconfirms the serious problem facing many rural areas. This means that an integral aspectof upgrading water-supply systems in South Africa must incorporate rural sanitationsystems.

34. The new South African constitution gives important roles to local and regionalauthorities, as well as to national authorities. It is unclear, at this time, how the divisionof general governmental responsibility and fiscal authority will evolve. With respect towater resources, there is a special urgency. The smaller the unit of governance and fiscalcontrol, the greater the possibility that extra-jurisdictional spillovers will plague coherentpolicy formulation. The rationale for integrated catchment management of waterresources is more compelling than ever when political jurisdictions become ever-morefragmented.

35. Finally, some of South Africa's water resources are part of regional water suppliesgoverned by international agreements. South Africa shares the Orange River withLesotho and Namibia. The Limpopo River is shared with Botswana, Zimbabwe, andMozambique. The Komati River is shared with Swaziland and Mozambique. To date,international agreements have been negotiated over the Orange and Komati Rivers, andfor parts of the Limpopo catchment. It is likely that these agreements will come undersome stress as economic development in all of southern Africa--aided by the newdemocratic regime in South Africa--picks up speed in the coming decades. It is clear thata regional coordinating mechanism is required to anticipate future problems before theybecome severe.

WATER MANAGEMENT IN THE WESTERN CAPE

The boundaries of the Olifants River Government Water Control Area should be readjusted with the objectiveof establishing an Integrated Catchment Management System, incorporating the entire Olifants River catchment.Water allocations should, where possible, be reduced and reallocated to :such users as nature conservation,recreation, tourism, .domestic consumers and limited-resource farmers. To iencourage greater efficiency, a range ofmechanisms should be introduced including a water levy and meters.

Proposals for increasing water supply to farmers in the area through the building of a large dam should beassessed against the cumulative environmental.effects of buildignurnerous small private dams; the settingofaprecedent for dam building and concomitant likelihood of expansion in: intensive land use; the distribution ofbenefits from a large dam; and the opportunity cost of allocating water for irrigation:as opposed to other:uses...lrrigation Boards in the area, should be reconstituted to ensure that al interested and affected parties4arerepresented...This could include representatives from local settlements, labour, civics, local municipalities, non-governmental organizations, government departments such as environment, nature conservation, tourism,agriculture, health, and public works...

Existing water allocations within the Citrusdal Irrigation Board area should be critically reviewed and, wherepossible, reduced, in light of increasing water scarcity, future crop needs and flow requirements of the OlifantsRiver ecosystem. Farmers should be required to attach meters to theirpumps4at their own expense.

From: "Policy Optionsfor Optimising the Use of Natural Resources in the Citrusdal Zone', Western CapeProvince, October 1994, pp. 39-40.

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36. In the meantime, projects with international implications proceed. For instance,the Lesotho Highlands Water Project is designed to transfer water from the Kingdom ofLesotho to the PWV area of South Africa. The Komati River Basin Development Plan isintended to further the development and management of water resources between SouthAfrica and Swaziland. Future international agreements will need to emphasize meansand procedures for sharing regional water, rather than the traditional river-by-rivernegotiations when scarcities arise. Issues such as transboundary pollution will become ofincreased importance.

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ANNEX II

LAND RESOURCES4

1. The total land area of South Africa is 1,184,825 km2 of which approximately110,000 km2 (9 percent) is used in arable agriculture, and only 14,000 km (1 percent) isengaged in forestry activities. Studies suggest that less than 15 percent of the total landarea is suitable for arable production--presumably requiring the application of scarceirrigation water. Thus, one might conclude that approximately 2/3 of the total arable landis currently used for those purposes, with water comprising a possible explanation for theabsence of a greater proportion in arable cultivation.

2. Less than ten percent of the total land area, representing the best arable lands (andalmost exclusively white-owned), accounts for approximately one-half of the gross valueof agricultural output. These figures hide, however, the fact that approximately one-halfof South Africa's total population must depend on the non-arable estate for the bulk of itssustenance--fuelwood, building materials, medicines, and water.

3. The arable lands are predominantly found in the coastal plains, and in a fewscattered interior locations. Approximately 65 percent of South Africa has an averageannual rainfall of less than 500 mm--the minimum necessary for rainfed agriculture. Thislow average conceals the extreme variability in that rainfall, both temporally andspatially. In addition, very high potential evapotranspiration--particularly in those areasplagued by low rainfall--further compound problems of aridity.

4. The soils of South Africa, with a few exceptions, are of extremely low quality andoften highly erodible. Lands with moderate to high cropping potential are found in thesoutheastern Transvaal Highveld, the northeastern Orange Free State, the interior ofKwaZulu Natal, and East Pondoland in the former Transkei. Research has suggested thatsoil erosion in South Africa approaches the range of 15-60 tons/ha/year. Likewise, someestimates suggest that in the Highveld maize areas of South Africa over 3 million ha aresubject to severe soil compaction. The problem is even more severe in the irrigatedvineyards and fruit orchards.

5. Soil problems from acid deposition are yet another environmental concern inSouth Africa--especially in the eastern Transvaal. In parts of this region it is estimated

2that annual loadings approach 30-40 tons of SO2 per km . Over 3 million ha are said tobe so affected. Human-induced acidification is a problem on approximately I million ha

Observations in this chapter come primarily from reports to the LAPC by Craig McKenzie and R.J. Scholes.

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in the commercial farming areas, with an additional 2 million ha regarded as vulnerableto acidification. Finally, acid mine seepage in the PWV area is a serious local problem.

6. At the current time, approximately 1,200,000 ha are irrigated out of a "potentiallyirrigable" area of 1,500,00 ha. This definition of "potentially irrigable" is driven by thescarcity of adequate water resources, and most current irrigation is from surface waterdiversion rather than from very limited groundwater supplies. Approximately 10 percentof South Africa's irrigated area suffers from salinity and water logging, and theseconditions cause yield decreases on the order of 30 percent.

7. The extensive (non-arable) land in South Africa is devoted to three dominanteconomic activities. First, approximately 300,000 km2 are found in the white commercialagricultural sector and are used for livestock grazing. The vast majority of this land isheld in freehold by white farmers. A large fraction of the rural black population resideson these lands, either as tenanted farm laborers or as "squatters." Ranches in whichextensive land-use is important average approximately 1,500-2,000 ha in size, toughsome approach 100,000 ha.

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-. .. .. 0T -... HE IDEA OF AGRICULTURE. .

Te most: prom went characteristic of agw-ecosysterns is .thir hig degree of bioticsinipitic"ton orlack of biodiversity, ie the idominance of a small number of plant and animal species The naturalvegetation is:removed:and large:tracts of land are covered:by monocultures of maize, wheat, sugarcane,cotton, vineyards, fruitltrees, etc. Other plants competing with these crops fornutrtients, water and lighare.considered:as weeds and are removed manually, mechanically or chemically. Animls suh ask:nematodes, insects, birds&ortrodents feeding on these plants are poisoned or otherwise dexclude. At.....present, about 49 percent of the Transvaal Highveld and between 12 and 13 perent. of South Africa as awhole is under cultivation. ... .......

Likewise, livestock farmers have by: and large eliminated comptition fromioter herbivores andpredation from carnivores:on their land. The result is that the large herbivores suchkas elehantgiraff,Irhinoceros and hippo, the: magnificent herds of antelopes, wildebeest and zebra, as well as their :associated predators-once common over most of South Africa are todayrepresented only- insmallenclaves, designated as& nature reserves or game farms. They have beenreplaed b flocss of sheep andherds of cattle, fenced off into camps where water and feed additives are provided.

The major impact. is the loss of plant and animal species. Miost endemi plant species disappea -as aresult of cultivation and are replaced by crop plants, and the few speciesthat cani adapt to the chanedconditions, mostly exotic weeds. Even: in the absence of cultivation, nsto ko h:ing canxreduce pltdiversity through selective overgrazin g...Since 87 percent of the land used fori gricultue in Souh Africa consists of natural grazing, the impact of the livestock industry on vegetation and soil is: considerable...The loss of species is not onlyta moral dilemma, but in the process poentially e valuable ..genes are lost--genes that might have been tused in breeding programmes to increase the pest, disease**and drought resistance of crop plants, or to introduce other valuable characteristics.i Plants are also asourc e of medicines and .other phamaceutical; products, as well as ot.her ipotentially usefl; substances ;......which may disappear when =species become extinct. Finally, the diversit of platand animal lifelis .asource of enjoyment to many.people.. .andthis iscontinuously being diminishedvas species disappearfand: the naturalIveld. is converted to agricultural land.... ..

From: 0Giliomee, J.1. 't Agriculture" in: Environmenta Manmentin Souti,h Afed.by RE,Fuggle and M.A. Rabie, Capetown: iJuta and Co. 1l994,pp. 739-40. ..

8. The second major use of extensive lands in South Africa, covering approximately2100,000 km , is for communal grazing under tribal authority. These lands are used in

traditional ways to provide a variety of products to the user.

9. The third major use of the extensive estate encompasses approximately 100,000km2 devoted to a variety of nature conservation purposes. It is estimated thatapproximately one-half of this conservation estate is in private ownership, while half isowned by national and provincial governments.

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THE VOLKSTAAT AT TOITSKRAAL| :~~~~~~~~~~~~.: .. ..--. : ... .:... -

Leaving the G3roblersdalM.arble Hall road to the dirt road to the left, the "Toital"roadsign is overshadowed by pre-election signs, now faded from the sun, proclaiming the area:::"Volkstaat." Signs like "Ons Volkstaat" may suggest particular views and periiceons on Tffie:area's natural resources. To many Toitskraal farmers the area is indeed theirs.4ilfa aVoltwere at all viable, many would, no doubt, be delighted if Toitskraal could be included, and life..could continue as it has been known the past 50 years and longer.

But Toitskraal farmers have long realized that South Africa is changing, and life atToitskraal has also changed. They are daily faced, as are other farmers, with the. economic and.labour realities of the country and they know they have to change and adapt to survive asfarners. As they compromise to changing circumstances, perceptions and views. are. alsochanging. T.he "Volkstaat". signs may therefore merely express Toitskraal farmers' simensand not actual political options.

Today Toitskraal farmers are satisfied to be part if the new Eastern Transvaal. Pvince.Farmers of Toitskraal and other areas of the Loskup scheme initially included in th6eNorthernTransvaal, requested the inclusion of the schi,ne intu the Eastern Transvaal Provrincebeause.Loskop dam, the main resource of water to I 4 tskraal was included in. the Eastern. Transvaal.

From: "Zonal Study: Olifants River Catchment En" ironmenta and Natural Resource Policy(Final Report: Summary of.Reports and Policy4aropoq41s%, PP. 59.59.

10. The management of this extensive estate is the topic of continual debate, not onlyin South Africa, but throughout all of sub-Saharan Africa. The debate in South Africacenters, as elsewhere, on the meaning of "overgrazing" and range "degradation." It ismaintained by some that the arid Karoo is invading the more lush veld lands. Othersinsist that the Karoo has always been where it is, and that it has always been a shrubbysemi-desert with small interspersed grasslands that come and go as weather patternschange. This suggests that the boundary between Karoo and pure veld is in a constantstate of oscillation. There is no evidence of a secular decline in rainfall in South Africa.

11. Stocking rates in the extensive estate are a constant source of debate and study.Classical range management has operated on the premise of an optimal stocking rate for aparticular biome. It is fair to note that most classical range managers, when viewingAfrican ranges for the first time, assert immediately that "overgrazing is apparent" andthen recommend rapid herd liquidation so as to effect de-stocking. Those with a morerobust empirical foundation in sub-Saharan Africa will protest and point out that therangelands have looked as they do for centuries. If they were "overstocked anddegraded" a millennia ago how is it possible that anything at all can grow there? And yetvegetation is indeed prevalent following rains. The problem, of course, is that classical

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range management is predicated upon the idea of a perennial-dominated range rather thanan annual-dominated range.

12. This presumption is an artifact of temperate-zone empirical work, and aneconomic ethic that seeks to maximize the value of the land-based asset. Temperate-zonerange management is based on the management of freehold land--whether it is arable orextensive--and the economic objective is usually to increase the value of the landedestate. In this system, wealth is stored in land. On the other hand, tropical-zone rangemanagement, especially in the arid and semi-arid regions of sub-Saharan Africa, isconcerned with the agile response to extreme rainfall variability. Holding one's wealth inland is irrational when that wealth is highly variable due to circumstances--rainfall--beyond the control of the manager. In these ecosystems it is far more rational to holdone's wealth in those things which can be moved quickly and somewhat costlessly tolocations where wealth-enhancing inputs (forage) suddenly appear.

13. To a large extent, the dismal record of "group ranching schemes" in sub-SaharanAfrica can be attributed to the failure of foreign experts, grounded in classical rangemanagement, to understand the imperatives of flexibility and the mobile storage ofwealth. Indeed, early programs heaped scorn on African livestock keepers for storingtheir wealth in livestock rather than in land. Africans were criticized for using livestockas an instrument of status, as if land were not an instrument of status in the temperateclimes.

14. This history of livestock at the southern reaches of the African continent is littledifferent. The debate has not been as intense in South Africa because past apartheidpolicies essentially suppressed the policy discussion over grazing. But with the advent ofdemocracy in South Africa it can be expected that now there will be spirited discussionsof how best to manage the extensive land estate.

15. That discussion will not be without its problems. For instance, the idea of"overstocking" is defined with respect to an "optimum" stocking rate that continues toelude scientists. Similarly, "overgrazed" is a judgmental term that depends upon somewell-established notion of the proper level of grazing for a particular biome. This, too,continues to elude the experts. The pragmatic approach will be to identify bands or zonesof grazing level for different biomes, though this approach will require detailed empiricalwork before it can be implemented.

16. With these caveats in mind, it is necessary to point out that over 8.1 million ha ofrangeland in the white commercial sector has been regarded as seriously degraded, whilean additional 21.1 million ha are regarded as moderately degraded. While no reliablesurveys exist for the homelands, estimates put the seriously degraded rangelands at 4million ha, and the moderately degraded at 5.2 million ha. Therefore, with an estimated58 million ha of rangelands in South Africa, these figures suggest that 38.4 million ha (66percent) is moderately or seriously degraded.

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17. These figures require some elaboration. It is estimated that 38.4 million hectaresof South African rangeland are moderately or seriously degraded. Of this total degradedrange, 29.2 million hectares (or 76 percent) are controlled by white farmers, while 9.2million hectares (24 percent) are controlled by black farmers. Can this be? Receivedwisdom holds that private owners take better care of their assets than do those operatingunder regimes of common property. Yet here we see that the white commercial sector--which is surely privately owned--accounts for the vast majority of degraded rangeland inSouth Africa. Conversely, black managed grazing lands--surely mostly managed undercommon property arrangements--account for only one fourth of the degraded rangeland.

18. A related issue for South Africa, and of particular relevance in the context ofnatural areas, is the mix of domestic livestock and other herbivores in particular biomes.It is estimated for the Northern Cape and the Western Transvaal that approximately one-half of the cattle ranches have converted totally, or in part, to the raising of wildlife.Some of these conversions were fueled by the demand for hunting opportunities, butrecent interest in eco-tourism continues to sustain many of these ranching operations. Alarge number of these operations are owned by urban dwellers who keep them for ruralescapes.

19. A recent trend towards traditional--and smaller--African cattle is evident in manyparts of South Africa. This follows on the heels of a long-term trend away from browsersand towards animals which prefer grass. Given that South Africa is largely a savannaecosystem, this has lead to grazing patterns that ignore a good part of available forage. Inresponse to this, a number of ranchers are introducing the kudu into their grazing systems.It is unclear, at this time, if there is an adequate market for the kudu and its products.

20. The goat is an interesting herbivore--and the brunt of much false blame. Goatsare primarily browsers, though when pressed they have been known to eat most anything.As ecosystems become seriously degraded, goats are the sole animal that can still sustainitself. Moreover, as people in degraded ecosystems become poorer and poorer because ofthat degradation, goats are often the only animal they can afford to acquire. Hence, thegoat, who is usually the residual animal of choice, is often blamed for the verydegradation whose reality renders the goat the sole feasible alternative. Goat herds aremore readily adjusted to changing ecological conditions, rendering them useful in themost variable ecological conditions.

21. The former bantustans in South Africa were forced to carry a large populationunder conditions of extreme poverty. The communal livestock systems in these areashave been inappropriately blamed for resource degradation--especially in comparisonwith the freehold ranching systems under white owners. Of equal importance, theextreme social and cultural disruption in the bantustans virtually assured that traditionalsocial norms would fail to operate on herding behavior.

22. Therefore the frequent allusion to "better" range management on the white privateranches is a non sequitur. Not only were white farmers the fortunate recipients of

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generous subsidies and technical advice from the government of South Africa, blacklivestock management was forced to operate under the worst possible economic, social,and cultural circumstances.

23. The successful transition to coherent management of South Africa's extensivedomain will require the establishment of small communities of shared interests amongAfricans. Such communities would revitalize many traditional livestock systems that arethe only feasible means to utilize the vast majority of the arid South African ecosystem.

24. It seems likely that there will be a significant expansion of communal grazinglands in South Africa. It is possible that only in this way can a large proportion of thehistorically dispossessed have some hope of gaining back what was taken from themunder apartheid. It is unclear, however, whether this restoration of land needs to be aclearly demarcated individual parcel for agricultural pursuits, or can be met by therestoration of traditional areas held in common. Under this latter alternative, Africanswill be able to have access to a rural place, possibly a dwelling site, but most assuredly asense that they had regained their landed heritage in a way that is consistent with theirhistory.

25. As land-use policy for the future is considered, it is necessary to understand thatthe current ownership and use of agricultural land in South Africa is the inevitableoutcome of apartheid policies. Agriculture has been an important instrument of the stateto control the economic and political tenor of rural areas. Input price subsidies, taxpolicies, and agricultural output policies have seriously distorted the economic incentivesin agriculture. These distortions have led to the uneconomic extension of the freeholdestate beyond the extensive margin, a legal prohibition on the partition of agriculturalholdings, uneconomic expansion of the cultivated area into fragile lands, overuse ofgroundwater, distorted incentives on surface water use in agriculture, and the excessiveuse of agricultural chemicals with obvious human health and environmental implications.

26. The extension of mono-cropping into marginal lands, aided by the artificial priceof fertilizers and irrigation, has brought millions of hectares into the arable estate.Serious soil erosion is the predictable result. Subsidies to agricultural chemicals havefurther induced a movement away from labor use in agriculture. In addition, tax laws andother incentives have encouraged large-scale mechanization of agriculture with theattendant soil compaction.

27. Meanwhile, in the homelands, resource degradation is even more serious.According to a report by Alan Durning of the Worldwatch Institute, early in this century"... a government commission surveyed the agricultural carrying capacity of the smallreserve of QwaQwa and estimated that the area was already overcrowded at 5,000inhabitants. Today QwaQwa is home to more than 500,000 people. Likewise, the Ciskeihas about nine times as many inhabitants as it can support in subsistence agriculture.. .Inthe late forties, Bophuthatswana's farmers were harvesting around 110 kilograms ofmaize and sorghum for each resident of the reserve. In the late fifties, they were taking

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80 kilograms per person, and in the early seventies only 50 kilograms [Durning, 1990, p.13]."

The challenge for agricul s iT e HE IDEAOF AORO-ECOL Y i leiThetallege or 4riWIureis seen as the6 'necessit to produe:ante ~ ~ W

preserving the short- and long-term integrity of the local regional andgloblenronme t Theqestion is whether this can be achieved within the present agrbusiness paradigmwhere incrig us .is made of the e derive from fossil fuels, where the research a AS is on biiimprovements Df.crop plants, finding new pesticides and the replacement of maniua lao b while te prtionof nataln processes such as soil formation, water infiltration,'nutriet rand predation is ignored:or even impeded...

-Inst.eadit is proposed' that we-need a new scientific discipline called agro-ecology thawll define .classif :and study aricultural systems from an ecological and socioeconomic perspectve.. -Itshouprovide a methodology to diagnose the 'healt t of agricultural systems and delineate the eologi-ca lprinciples necessary to develop sustainable production systems.. .. .. .....

, . - - . - . .. --: -,, ~~~ ~~. ,, -.. ,:,,, .. : . .......

Notworthy progress towards.sustainable agriculture has been made by the livestock farme Natal and the Orange Free. State with the establishment of consavancies over some 650,0 an.340,000 haof fam land mspectively. Adjoining Wldownr .-oper ive.ly cm.loy.. .tanconservancy gds who not only patrol the land to sp poaching of ge and:idi s plat b'talso convey environmental education to the farm laborers and other rura people..4 . .'. .. .. . . ... .''

For subsistence farmers in the tribal areas it ihs been suggestedtha tho- e 'dowwd',,' sr' ofecological destruction' can be halted only with a shift from individually based frity plots tocollectively organized village production. This would allow fbr a diversified form of agriculture werthe best arable lnd is cultivated intensively and the mrginal. land is used fr b grazi.n. In e a.realow-cost, low-input, labour-intensive techniques would be pariularly appropriate Me

---F-r.om:'Giliomee, J.H. "Agriculture" in: Environmental ManagemewntinSouth Afr ad. by RF.Fuggle and M.A. Rabie, Capetown: Juta and Co. 1994, pp. 745-46. - . ..

28. New environmental policy concerning rural land will need to be concerned withan understanding of how existing agricultural policies have led to various agriculturalland-use patterns that are unsustainable. Land-use practices in both the commercialsector and in the traditional agricultural areas of the homelands need to be betterunderstood.

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.............. .DEVELOP..MENT IN RANG WANE. .......',,,'.0.i ';i;i'0.' .; ......t; ;; ; ; ..0 . .. .... . .... .. .. .. ..Devlopment initiativi KaNgwane er edrive aprocessstredin 92todres the imbalace

.betwee developmenti thRieRep1ublic O So rcaad the"elands." i0-Homeland:.economies by di ,small-scae Xsusistence, agriculure-an,d, a :relativelyX lar.ge: info,rmasl sectoir. lThe :population of the h omnelands;wthere lly dependent oninmes earnedouts ide0 these a rs O V

::A frameworkformultilateral cooperationwas decided on in 198, based ondevelopment regions vand an..titutional framework to providefinancial an d technical assistance fIor the lessdeveloped areas. Developient

cooprtion- bteen thfe; Sout Afrian; Goverwnent an the :Homeland governents0 was fsoght troghthe tSautEi

Cu :t rrent fdevelopment projects have been -implemented twithin a framework of resource use 0determiined fby thfel0 ;0 ihistory ofesetteet.ratleientg:and agriultrl bettermentll frmte 01950s to theW 1980s, and thie itenure0000000000aramngements :based on customary 0law, adapted :overtimte: and impacted upon bby: various igovernmnent linterventions

* The Il0set tlements of tNiomazi todaty are; nucleatedg but expansive; as a gresult- of bettermentt planniing.- Pr ior tol : :betenez,people lived in scattered settlements along the baks of the Komati fand Lomnati gRivers.} Bettermkent:created more dense settlements resulting insmaller land holdings per famEily. 02Agricu:ltual land huner 0prevailed: :0tand agriculturall production tdeclinecL .Enterprises such gas woodworingand: furniture-manufac:turinig developed Win; response to. landlessness. A..shift fromagricultural activities.by some m seetors of the. population s. as..woodworkers ;may shift attention fromland to trees, tand the impact onfthe tree resource needs to be atiipated. t0::

i The: extent gof grazing areas (and :woodlandli) is :being gradually reduced by iother project-related developments

such as....- debushin for Irrgae sugar.and.bananasFrom: '~~~~Summwy of Nkomai Zonal Study. "pp.. .6.-........9.

29. It will be necessary to assess alternative agricultural policy reforms that willchange these undesirable land-use practices. There is a need to analyze alternativeinstitutional mechanisms for monitoring agricultural resource use in the future, payingspecial attention to soil erosion, water pollution, livestock grazing, deforestation, and themanagement of arable and non-arable land.

30. The new structure of extensive agriculture in South Africa will need to take intoconsideration several kinds of livestock systems. One kind might be those systemspermitted to operate within the confines of a state property regime such as the KrugerNational Park or the Karoo National Park. Another kind of livestock system will existwithin common property regimes with rather stable boundaries. Finally, there will belivestock systems in common property regimes where conditions are less favorable, andwhere the boundaries are continually negotiated. Regardless of the dominant regime, it isnot unreasonable to expect that these livestock systems will also depend, at certain timesof the year, on private property.

31. In considering the emergence of new livestock systems, one must keep in mindthat concepts such as "overgrazing" and "overstocking" are inherently contextual. It has

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been nearly four decades since western range management experts began to wam of the"imminent destruction" of African range resources. Over this same period, both livestocknumbers and the population of sub-Saharan Africa have increased significantly. Othersinsist that range conditions today are no worse than they have ever been. Recent work onlivestock management under common property regimes--including work concerning theKwaZulu--offers conceptual and empirical evidence against the Euro-centric protestationsover livestock management regimes. Not only is customary livestock management insub-Saharan Africa not "inefficient," neither is livestock management necessarily orsolely responsible for widespread resource destruction [Tapson, 1991].

32. Hence, the development of extensive agriculture will necessarily contain alivestock component, and that activity will most certainly occur under common propertyregimes. This means that creative management programs will need to be implemented topreclude inter-group conflict over the spatial and temporal dimensions of such systems.It also means that a traditional form of sustenance for Africans down through the ageswill once again be seen as a legitimate rural land use throughout the arid parts of SouthAfrica.

33. Although less attention has been paid to the problems of South Africa's urbanlandscape, serious problems certainly exist there. The artificial structure of townships asdistinct satellites to major urban places has created serious problems for the design oftransportation systems, for the provision of local public services such as waste disposaland water supply, and for the general social and economic integration of central placeswith their inevitable ex-urban counterparts.

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.- '' . ' ,, B S -.. ... .. . ,.. .....INTNSV.E LAND USE iN.... ESTERN CAPE......

Currently practisd methods of intensivelanduse ini th CitrudaIZone are ecologicallyunsustinabe-inthat theyare resutn in a loss of biodiversity; increaedsedimetation,; i ;;;-;0pesicd contaminaio;iminshed rier fuctionng; and a reductioni ingsoilconditon. .0.be--t culti nof orchards toe close to the floodpslai together with modifications to sa fwghas Eresullted in: farers experiencing :considerable fhzoding problems:in w?inter. Th:e response Xto-thi.s problem has -been to bulldoz:e rivrbeds, jparticuiarly in tibutaries of the Olifants Rive, andXto burn or cop:the indigenouis palmiet, 0which is Aperceived to clog the river.: Thse; :T-:;tl: :activit:ies...result in: increased sedimentation do ms, the loss ofhabitatof endmic fishspecies,aredutionin waerqultyan an irease- inflow wvelcty.0; ;00000000000 -0 i-0000000

-;The tclearing gand ploughing iof largeg areas :for pastures rooibos and jpotatoes iis 0associatd 0with;large-scale losses of.op . so. throh wind erosion. :Recomme practices to cir soillosses forpotatoproduction arelargely ignored...Predatorpest.balancesf inthe. area.arepresentlyeonsidered to fbe in an unstablefphase,sand this has been aggrav by the elimination ofnupedators hrugte use fof a :varietySof chem:icals which accumuat ito ghannfulevels- irn: thie-.;00ecosyste.-..The:use of chemnical pesticides :inthe Citrusdal Zone:has resulted in. idents of.d.eath. illness and. possibly,a high incidence.of.chest probsamongst farm workrs...There isno- organized4 system for- disposing of pesicide ;containers in t:hei area, and apar from a- 0 0 000 -Eistipulation thatnwater shouldmno be. luted,r no requirment- wfit: regari to ie selection

:0 ej 6.6 t) Ai .mfoth

cFro: fttPolicy Optionsfor O ptmistng the tse of Natural Resources nthe Catrisdal onfe, -

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~b ThhWkei tern m C aeProvne'r"e, Octbe 1994, pp.10-12

34. With the demise of influx control, and the relaxation of residence rules, we see therise of massive squatter communities. Profound environmental quality problems willbegin to occur if something is not done about waste treatment facilities, water supply, andtransportation. Public health problems will not then be far behind.

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ANNEX III

NATURE CONSERVATION5

1. It should be understood that nature conservation is not new to southern Africa.The Zulu and Swazi people had extensive royal hunting preserves, and the Kgotla systemof land management practiced by the BaTswana people is legendary. Pastoralism inconjunction with wildlife and habitat conservation is known to have been practiced forthe past 1,700 years.

2. In one sense, however, nature conservation dates back to the first Dutch settlers atthe Cape. The Dutch East India Company introduced laws to prevent free burghers fromhunting wildlife on which the Company depended, and as early as 1658 there were lawsagainst the cutting of trees. Two hundred years later, the Knysna and Tsitsikamma forestsbecame the first officially European declared game preserves in southern Africa. In thatsame year (1858) a government edict was issued to protect the buffalo and elephantpopulations of the Cape. Soon other forested areas in Natal, the Orange Free State, andthe Transvaal were protected. The Pongola Game Reserve was created in 1894, the SabiGame Reserve in the Transvaal was established in 1898, and three game preserves wereestablished in Zululand in 1897--Hluhluwe, Umfolozi, and Mkuzi. Following Union in1919 the central government assumed conservation responsibilities for forestry, inlandwaters, islands, and the sea-shore between the high and low water levels.

3. The early game preserves, established to prevent further decline in wildlifepopulations, were essentially "game farms" to be made available to rich hunters as asource of revenue for the state. Further to "protect" the game, all predators--raptors, somereptiles, lion, cheetah, jackal, hyena, wild dog, bushpig--were exterminated from many ofthese areas. This was not sufficient however to ensure survival of some game species andso Africans were eventually excluded from access to these areas. Finally, as the need forcheap labor grew, various subsistence strategies for Africans were prohibited to makethem increasingly dependent on the wage market in mining.

4. Ultimately, as the nation industrialized with the advent of mining andurbanization, the press of commercial agriculture posed yet another difficulty for wildlifeconservation. Those farms certified to be "free of game" commanded much highermarket prices.

5. Nature conservation under the apartheid regimes of South Africa was largely aprogram to select interesting biological complexes and to bestow on them a distinct legal

Observations in this chapter come primarily from reports to the LAPC by David Grossman and LouisLiebenberg.

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status. This process was instigated from the top, there was minimal consultation withthose living in the immediate area, and in the end local inhabitants were essentiallyexcluded from these newly protected areas. As happens so often, local residents wereseen as enemies of nature conservation and were deported or excluded from the area. Thepurpose in South Africa, as in much of the world, was to create outdoor museums thatwould lock nature into its current structure and function. It was also often the case thatsuch areas would thereby attract wealthy foreign tourists under the guise of naturereserves and eco-tourism--to use the current terminology.

6. Nature conservation policies of the past have given special attention to formalconservation areas (eg. Kruger National Park) and have maintained such areas as highlyregulated preserves. While these preserves have successfully protected certain aspects ofSouth Africa's ecological heritage, this protection has come at the expense of traditionaluses of such areas. Africans have paid a very high price, including eviction, to maintainthe purity of these ecological preserves.

7. The existence of these preserves has legitimized a particularly colonial concept ofnature conservation that venerates outdoor zoos devoid of traditional human uses. Theabsence of humans and their animals not only distorts present ecological conditions, but itplaces these protected areas on a particular ecological path that may or may not besustainable. At the same time, the prominence of such preserves gives the impressionthat nature conservation is something that can be confined to certain demarcated regionsof South Africa, and that others--especially landowners--therefore need not worry aboutsuch matters. In point of fact, natural resource conservation is a pressing need throughoutthe country.

8. The conservation community often becomes confused over whether it isconcerned with habitat, or the artifacts of habitat (animals that are currently stylish). Byfocusing single-mindedly on the artifacts, it is possible to destroy the habitat--the sinequa non of the animals. Every effort must be undertaken to avoid the perpetuation oflarge outdoor zoological gardens stripped of all customary human interaction. The mostmeaningful conservation areas are those in which humans and animals are allowed tointeract to produce a habitat amenable to both. By removing one part of the triad.-humans--the necessary balance is destroyed.

9. From the earliest days indigenous peoples have been evicted from areasdesignated as reserves. Unlike the reserves of East Africa where people and theirlivestock remain an integral part of these durable regimes, it was declared in South Africathat local people could not continue their way of life in the reserves. Small wonder thatindigenous people see conservation as a direct threat to their survival.

10. Forced removals were undertaken on the Sabi Game Reserve, Kruger NationalPark, the Kalahari Gemsbock National Park, and many others. With the rise of Afrikanernationalism and the consolidation of the Voortrekker mythology, the new ideology ofnational parks and reserves reemphasized the eviction of Africans and folded

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conservation into the domain of white culture. Soon national parks and reserves wereclear manifestations of white South African culture which cast Africans as poacherspitted against white protectors of wildlife. As apartheid reached its aggressive peak in the1950s and 1960s, the politicization of wildlife conservation was carried to new heights.

11. The establishment of parks and reserves meant that many Africans were deniedopportunities to gain access to grazing, water, hunting, medicinal plants, firewood, andthatching grass. They were furthermore denied access to ancestral graves--a process thatalienated them from much of their traditional knowledge and cultural values associatedwith the natural environment. The conflicts that arose between white "protectors" ofwildlife and black "poachers" continues to influence nature conservation policy in SouthAfrica. Indeed, it is now becoming a contentious political issue in which the well-beingof wildlife is seen by some as more important than the well-being of people.

12. The parks and reserves in South Africa are concerned, primarily, with themaintenance of biodiversity--including rare and unique species--and the provision ofresearch opportunities to further the understanding of ecosystem structure and function.

13. The state controlled conservation domain in South Africa is managed by theNational Parks Board with 17 national parks in the Transvaal, Orange Free State, and theCape. Additionally, there are four provincial conservation agencies--three of which areunder direct provincial governments and with the one in Natal under a Board. There areseveral conservation bodies that operated in the former bantustans.

14. Given the multitude of enabling provisions--and continuing managementnegotiations--it is small wonder that all of these disparate agencies followed ratherdistinct paths. Bold and creative policies were followed in KaNgwane andBophuthatswana. On the other hand provincial governments have been notoriously slowand cautious in policy innovation.

15. As these various agencies are now brought under one structure, it will beimportant to streamline the cooperation between national and provincial conservationpolicies. Inconsistent legislation and budgetary polices must be rationalized. It will alsobe necessary to recognize that conservation of biodiversity can occur on private lands aswell as on those lands demarcated and controlled by national and provincial governments.

16. As this process goes forward it will be essential to emphasize that natureconservation is as much a social process as it is a biological one. Conservation ofbiological resources cannot survive in human communities that are hostile to that survivaland so indigenous people must be incorporated into any nature conservation strategy.

17. One early initiative in community based conservation is found in the RichtersveldNational Park in the western Cape. In attempting to consolidate a number of scatteredparcels of state and private lands, the National Parks Board developed the notion of a"contractual national park"--a "virtual" park. Here state and private owners in the fringe

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areas of the core park enter into contracts to manage their lands in a manner conducive towildlife and habitat conservation.

18. It was noted that for about 2,000 years the Nama people had been grazing goatsand sheep in the Richtersveld region. These livestock were an integral part of theecosystem as it has come to evolve. Under current administration, a Management PlanCommittee--consisting of members of the community and members of the Parks Board--jointly decide on management of the Park. Staff of the Parks Board offer technicalexpertise but the decisions are taken by the full Committee. Livestock grazing is allowedin all areas of the Park, with community members being compensated for certain limitson stocking rates. This model is of profound importance to future nature conservationprograms in South Africa.

19. The creation of Pilanesberg National Park in 1979 carried this idea ofcollaboration one step further. The Park's charter declared that it was to serve theinterests of local people. Specifically, conservation strategies developed on grounds ofspecies preservation, or the maintenance of biodiversity, or on strictly Europeanperceptions of aesthetics and moral imperatives, would not succeed. Instead, a policyapproach was followed that placed emphasis on facilitating the sustainable use of localnatural resources as an integral part of a community development strategy. On this tack,stress was placed on environmental education and community participation, as well as onthe devolution of decision-making and "ownership" of various projects by the localcommunity.

20. The newer Madikwe Game Reserve reflects the idea that parks and reserves willonly be established when they are demonstrably the most beneficial form of land use inthe area. This evidence of suitability will be based on ecological sustainability, onpopular support, and on economic sustainability. In the case of Madikwe, acomprehensive study demonstrated beyond reasonable doubt that a game reserve wouldprovide more jobs, income, and general economic opportunities than any agriculturaloptions. Private sector involvement is actively pursued to enhance financial viability andto decrease reliance on public funds.

21. The emphasis on community-based conservation must not be assumed to beproblem free. Communities are often not homogeneous entities, leading to divisions ofopinion about what is best to do. Particular arrangements may benefit one group at theexpense of another group and so compromises are always necessary. Hence, thedevelopment of a park or reserve can be the very catalyst to divide communities as muchas to unite them. Great care is required to prevent divisions from arising. These aspectsserve to reinforce the idea that the development of conservation strategies in particularareas are, in general, very particularistic undertakings; each is, in a sense, a new endeavorand must be regarded as such.

22. When certain parks become a source of major revenue to the goverrnent it isparticularly important that the region and localities see some measurable benefit

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therefrom. Few events can cause greater cynicism and ultimate hostility than therecognition that the center is reaping massive financial gain from parks and reservessituated in particular impoverished areas. The incidence of benefits and costs is simplytoo great to conceal from local communities. To the extent possible, transparency is to bepursued so that all parties know where costs and revenues are experienced--and in whatmagnitudes. The perceptions of inequity are often greater than the reality and so everyeffort must be made to make sure all participants understand the financial side of natureconservation.

23. When financial benefits arising directly from nature conservation are invested inthe local community for developmental purposes it becomes obvious to all thatconservation "pays." When local infrastructure is known to have its fiscal roots in natureconservation, the problems of poaching and habitat destruction are soon diminished.Transparency and linkage are the key ideas here.

24. The long-run success of nature conservation in South Africa depends, to a verylarge extent, on recreating the pre-colonial symbiosis between human communities andthe natural environment. The San, the Khoi, and the Nguni all used the ecosystem insomewhat different ways, but they all regarded it as part of an exchange relationship inwhich both sides gave something, and gained something. This reciprocity must informfuture conservation policy in South Africa. Nature conservation must be seen as aprocess of managing the environment as opposed to the dominant ethic in much of theworld where the idea is to lock up nature in order to protect it. Ironically, locking upnature is assuredly the best way to change it--and hence over the long run to destroy thevery thing being "protected."

25. In this regard, it is essential to understand the difference between "poaching" forsubsistence, and "poaching" for commercial purposes. When carried out properly--andwhen guided by good information on population dynamics--subsistence poaching is acentral part of nature conservation. Problems arise not from poaching for controlledsubsistence, but by poaching for external markets. The resolution of poaching incentivesmust be worked out in close cooperation with local inhabitants. The practice in otherparts of Africa, where poachers are shot on sight, must be avoided at all cost. Thisstrategy, which signals that animals are more important than humans, simply compoundsthe problem of inducing local communities to become partners in nature conservation.

26. Indeed subsistence hunters can become essential allies in the improvedmanagement of parks and reserves. A cadre of such individuals can play an importantrole in monitoring activities going on inside the reserve, as well as along the boundary ofprotected areas.

27. The International Union for the Conservation of Nature has developed aBiosphere Reserve program that encourages flexible zoning, creative managementpractices, and the incorporation of research, monitoring, training and education as part ofthe management process. This program emphasizes once again the importance of

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incorporating conservation areas into the broader pattern of land and water management.The term "bio-region" is used to capture this idea--one that is often best established on awatershed (catchment) basis.

28. All parks and reserves will have both core areas and peripheries. The ownershipof land and water resources may differ across the extent of the reserve, and the intensityof use and management may differ as well. However, these varying intensities of use andmanagement must all be part of an integrated whole designed to enhance the ecological,social and economic benefits of the area.

THE IDEA OF PROTECTED AREAS

Dw gdthe past three decades, conservation philosophy has undergone a ....a.i.e e. ........moving fromibeing a rather obscure concern of a handful of enthusiasts who Were worMredaboutthratened species to becomin tan inteal p of our everyday lives. Conservation. h i

evoved from being ati-people and ianti-developmentItoothe point where even th edestd.prected areas: are now recognized as. offering maj or sustainable benefits to society ony t.condition that human tervention is conducted in harmony ti hertientiontt ofbiological..diversity...The establishment. and management of protected areas is one of the most iportantwaysf w:oensuring ithat the biological diversity of the world is conserved so that a wide r ange ospecies and eosystems can:better meet the material andcultural needs of mandnow andinthe ifuture .. nkeeping wtith ftheevolution of conservation thinking, anpessential elementiX f i theproteced..area network is the conservation of cultural heritage, including, were app ate theac ommoda.tion of the needs and lifestyles of local native communites.

These primary conservation objectives go far beyond; the traditional conceptCof "preservationscommonly associated with a national tpark, and today manyi countries recogze::severaldf.t.types of protected areas, teach with.distinct conservation and managemeent objectives...Th greatadvantage of this range of protected area options is that it can provide enhaiced protecto tothe more strictly protected categories by takingaway human pressure and. direcingit tI os: se:iplaces whee heavierrsustained use is permissible.

From ljanks, J. iand P.D. Glavovic,2 "Protected Areas." inM EvironmentalM emetn -hAfiica,i ed4 by RF. Fuggle and M.A. Rabie, Capetow Juta and Co. 994, pp. 6901.

29. A new environmental policy in South Africa must start with an understanding ofthe feasible policy directions in two general dimensions of natural resource conservation:(1) formal conservation areas now incorporated in national parks; and (2) resourceconservation mechanisms for all other lands.

30. With respect to the formal conservation areas, it is necessary to develop severaldifferent models allowing Africans on the perimeter of existing nature preserves tobecome reincorporated into these areas. The models to be developed would specify

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certain permitted land uses, the conditions under which those uses would be controlled,different mechanisms for controlling permitted uses, administrative and appealprocedures, and possible financial arrangements. It is also essential to explore the pricingof admission to existing nature preserves, particularly with respect to several alternativepricing regimes for South Africans and foreign tourists.

31. With respect to natural resource conservation outside of protected areas, improvedenvironmental policy will require a clear understanding of the different policyinstruments (including legal arrangements such as covenants, conservation easements,etc.) that will facilitate or induce improved resource conservation on freehold land. Itwill be necessary to explore administrative alternatives for controlling land use,especially in relation to alternative approaches which locate control at different levelswithin a national system (central, regional, local).

32. Efforts must be undertaken to examine the existing rural freehold estate in SouthAfrica and suggest legislative and administrative means to transfer fragile lands--andlands devoted to non-arable forms of use--into alternative legal estates (eg. regional ornational land trusts, communal grazing associations).

33. In general, it will be necessary to assess the current state of conservationlegislation and administrative responsibility and suggest ways to consolidate andcoordinate existing fragmented programs. It is essential to conserve South Africa'sunique environmental inheritance. As with most of its people, the nation's naturalendowment has suffered not only from apartheid's forced illiteracy and poverty, but alsofrom the exclusion of affected people from decisions about local ecosystems. Thissituation appears to have ended, as demonstrated in the recent Richtersveld decision inwhich the lease was negotiated--and modified--by the affected people who can now grazeover 6,000 cattle inside the National Park.

34. As Richtersveld and other cases worldwide show, biodiversity goals and humanwelfare can be mutually enhanced by promoting, to the fullest extent possible, sustainableuses--whether cattle grazing, collection of medicinal plants, or extraction of otherproducts. The maintenance of biodiversity is enhanced by seeking the opportunities inbiodiversity management rather than the presumption of conflict.

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NATURE CONSERVATION IN ThE WESTERN CAPE

Drawing on the experience of the Cederberg Wilderness Area, it can be concluded that proativ Cmanagement of conservation areas in the Cape is presently thwarted by a restrictive legal framework.::This...prevents conservation agencies from generating and reinvesting funds, and from entering into cooperative ventures with private landowners... .With regard to the Cederberg, its effective. managementwould be better ensured through structures which allow it to generate and reinvest its ownwfunds; which .allow for contractual relationships to be established between private landowners and the government.........agency charged with managing use ofthe area; which ensure that the agency is given prominence and islinked to job creation schemes; and which ensure adequate state support for such activities asemployment generation, management of adjacent private land, and liaison with people in neighbouringsettlements and farms.

A thorough investigation should be initiated by the national Department of Environmental Affairs andTourism concerning the: consolidation of the Cederberg and Groot Winterhoek mountains into onesingle conservation area under the administration of one authority. In determining the nature of thisauthority,: due consideration should be given to the need for local interested and affected parties to beon the governing board, and for the body to raise and reinvest funds; receive state support, and enteritiinto contractual relationships with private landowners.

From: "Policy :Options for Optimising the Use of Natural Resources in the Citrusdal Zone, Western .Cape Province,:' October 1994, pp. 50-51.

35. Most of South Africa's recognized conservation areas are so valuable on a worldscale that they can provide the basis for meaningful livelihoods for local people. The keywill be to involve local people in decisions about the management of such reserves so thatthey have a stake in their ultimate success. In thinking about environmental policy,however, it will be useful to separate the specifics of the property regime from the natureof land-use activities that occur within that property regime. The mere fact that aconservation area such as Kruger is under a state property regime is no reason whyindividuals could not be permitted to make use of parts of that system during part or all ofthe year. The exclusion of livestock activities--and some limited small-scale cultivation--within the boundaries of Kruger National Park is a decision that owes more to thezealousness of the international conservation community than it does to any bindingimperatives imbedded in a state property regime. Indeed, the very existence of stateproperty gives to government the means to control the various land-use activities thatmight occur inside of a state property regime. There is certainly no reason why particularland-use activities within conservation areas must be regarded as some inexorable threatto ecological integrity. Indeed, just the opposite is the truth. That is, by eliminatingcertain traditional land uses from areas such as Kruger National Park, the conservationcommunity is responsible for destroying part of the ecological character that attractedconservationists to it in the first instance.

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36. There is now recognition throughout the world that the long-run survival of natureconservation areas is best assured by programs that involve local inhabitants in themanagement and use of such areas. When local communities come to understand thepurpose of--and possibilities arising from--nature conservation it is more likely that theviability of such areas can be more reasonably assured. This approach, in contrast tosevere fencing, aggressive policing, and outright eviction, seem to represent the promiseof nature conservation in the future.

37. Evidence is clear that South African leaders remain committed to natureconservation--perhaps even on the current areal scale. However, there is an equalcommitment to a change in conservation policies to ensure that local residents becomepartners in the sustainable management of such areas. Indeed, early ANC policy onconservation areas has been explicit in this regard:

* sustainable development compatible with ecological and human rightsprinciples;

* affirmative action to ensure equitable access to public participation in themanagement of natural resources;

* public right of access to information and the courts on issues ofenvironmental concern;

development of environmental awareness programs for all sectors of society;

* conservation of biological diversity and the protection of endangered species;

* an integrated approach to environmental issues that relates to all sectors ofsociety; and

* recognition of the need for international cooperation.

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ANNEX IV

FORESTRY RESOURCES6

1. South Africa has a total surface area of approximately 126.9 million hectares, ofwhich about 1.4 million hectares of commercial forestry provide almost 16 million cubicmeters of timber per year. Of the total forested area in South Africa, it is almost evenlydivided between hardwoods and softwoods. The annual value from the forestry sector isaround R5-R6 billion, of which about one-half arises from exports. The industry employs6,000 people in primary production and an additional 63,000 in processing activities.

2. As in many developing nations, the commercial forestry sector stands distinctfrom the livelihood of rural people. The commercial sector is largely a plantation system,it is somewhat vertically integrated, and it regards local people as both a supply of cheaplabor, and as a possible threat to the sustainable management of the forest reserves. Atthe same time, social forestry opportunities are underdeveloped.

3. There is a continuing discussion in South Africa about the arbitrary separation offorestry from the rest of agriculture. One who raises pecan trees is a "farmer" while onewho raises wattle is a "forester." The distinction--as throughout the world--is largelyhistorical. There is some sense in South Africa that the distinction stands in the way ofintegrated land-use planning, mixed farming with tree crops, and the general spread ofagroforestry practices.

4. There is a need to reassess the institutional and organizational status of forestry inSouth Africa. The former economic policies of South Africa offered a significant degreeof protection for the timber-processing sector. Not only were imports restricted, but therewas price control by the Timber Marketing Agreement and associated long-term contractprices for sawtimber. Much of that protecti-n has been stripped away over the pastseveral years. There is hope that the management of the forest-processing sector will beimproved by its exposure to the intemational market. The sector is already encouragedby the planned upsurge in new home construction over the next decade. The pulp andpaper industry is already beginning to benefit from restructuring.

5. Perhaps the major barrier to long-term growth in the timber sector arises from theprojected shortage of raw materials. It is estimated that an additional 500,000 hectares ofgood forest land must be planted to meet national goals for the sector. Permits for430,000 hectares have been assigned and of this, approximately 142,000 hectares havebeen afforested.

6 Observations in this chapter come primarily from reports to the LAPC by Stuart Christie and Mark Gandar.

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AFFORESTATION IN KWAZULU NATAL

Decisions about afforestation have a critical impact on local water resources.. .In the longterm, runoff falls, the water table drops, and the viability of entire catchnment systems may beundermined..,Sappi and Mondi have been steadily buying up local farns in the area for the pasthalf century and putting themn under timber. KwaZulu Forestry has joined them more recently.Despite the manifest proliferation of timber estates...(d)eclining river and spring flows areblamed almost exclusively on wattle and overgrazing...Levels of afforestation in the area could.increase dramatically in the near future, as Sappi is currently negotiating with people in theHlanganani area with a view to getting community-based planning schemes underway...In the.interests of long-term catchment management--and harmonious relations between localresidents--the hydrological effects of extensive afforestation in this sub-catchment need to beinvestigated...

Within Bulwer, considerable local effort is going into remnoving wattle from the sides of themountain. Without question, wattle is a major problem in the area, as it chokes stream beds andcatchment areas and absorbs large volumes of water. However, an equally important problem isthe shortage of fuelwood in some areas in the Hlanganani area. For all its other faults, wattle isan excellent fuelwood. ..,Woodlots are the obvious solution. However,...it seems that people inrural settlements do not put rnuch effort into nurturing woodlots unless they have ready accessto water close by. In the interim, wattle is being used for woodlots--and wattle is choking manyof the springs and streams.

From: Eales, K. "Bulwer Zonal Study: Water Management; Institutions, Infrastructure and-Decision-Making " pp. 22-23.

6. Despite these promising prospects, it seems unlikely that the forestry processingsector will be able to meet its raw material goals much beyond the year 2020. Timber orpartly processed products will need to be imported, a process that is already underwayfrom Zimbabwe. Forest planners are beginning to consider the regional role of forestryand forestry processing and here the prospects seem most promising. South Africancompanies have the staff, the technology, and the management skills to be an importantparticipant in developing the forestry sector in southern Africa.

7. Since the 1980's there has been a sharp increase in the demand for roundwood forpulp, paper, and board products. The projected upswing in home building and generalconstruction should be a boost for both the sawtimber market as well as for roundwood.

8. An enlightened forest policy for the future would recognize alternative propertyregimes. Forestry under private property regimes could be of the large-scale plantationtype, or it could consist of scattered plantings of trees inter-mixed with other activities onprivate land--one form of which is regarded as agroforestry. Regardless of the expanse oftrees, the general motive here is commercial gain.

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9. Forestry under state property regimes will most often focus on the maintenance ofcertain stands of trees, though commercial production is not uncommon. This form offorestry is conducted under a state property regime because the management and controlof the forest resources must rest with a body that encompasses a larger constituency thanthat found under either private property or under common property regimes. If certainstands of timber--say old-growth tropical hardwoods--acquire extraordinary social oraesthetic significance, then their control should necessarily rest with that unit of decisionmaking whose task it is to have the interests of the future most firmly in mind. A stateproperty regime would, therefore, be the appropriate institutional form. Of course, thereis nothing in management and control by a state property regime that guarantees valuableresources will not be squandered. The difference, however, is that a state property regimepresumes to permit the expression of divergent views about the nature and pace ofresource use, whereas private ownership bestows the presumption of decision with thesingle owner. Where many voices are heard, it is not unreasonable to suppose that a fewof them will speak for the future.

10. Forestry under common property regimes could be either at the commercial end ofthe spectrum, or at the social forestry end of the spectrum. That is, a common propertyregime might well consist of commercial plantations, but it could as easily consist ofsmall-scale woodlots and other kinds of trees that provide minor forest products.

11. Plantation forests and nature preserves now occupy scarce arable land from whichblacks have been evicted in the interest of wood and paper production, and to serve theinterests of foreign tourists. Moreover, a process now seems to be underway in whichhigh-quality land is being converted to "conservation" areas as a hedge against futureexpropriation. In commercial forestry, the problems seem to concern the long-runsustainability of the sector, its environmental implications, the nature of contracts withlandowners, the structural outlook for the industry under post-apartheid democraticreforms, and the general economic outlook over the next several decades in which ruralland use and control will be in a state of sweeping transition.

12. Issues in social forestry seem to concern the feasibility of extending the use ofwoody perennials into emerging small-holder agriculture, the role of agro-forestry onemerging group farming schemes, extension programs to spread information aboutforestry activities, and the use of trees to provide building materials and minor forestproducts to a newly enfranchised rural populace.

13. New forestry policy will require an assessment of the extent, ownership structure,and sustainability prospects of existing plantation forests. Moreover, it will be necessaryto determine the extent, ownership structure, and sustainability prospects of existingcommercial harvesting in indigenous forests.

14. On the economic front, it is essential to understand current pricing and subsidyregimes that drive commercial harvesting and afforestation practices--both in plantationsand in the indigenous forests. Related to this, it will be necessary to undertake careful

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work on the economic status of South Africa's primary wood processing sector, itsinternational competitiveness, and its long-run prospects in world markets. It is alsoimportant to gain a better understanding of rural energy demand and supply, with specialattention to the role of fuelwood in that system.

15. As indicated previously, fuelwood supplies in rural areas are seriously depleted.It will be important to describe the prospects for enhancing the rural fuelwood situation,including necessary changes in legal and economic incentives to make fuelwoodplantings feasible on freehold lands. As part of this emphasis on the social aspects offorestry, it is essential to understand the prospects for integrated forestry activities onboth plantations and indigenous forests in which social forestry needs might be met inconjunction with commercial wood needs.

16. When considering the broader uses of forested areas, environmental policy will beimproved by a clear understanding of the prospects for enhancing wildlife habitat inforest plantations and in indigenous forests used for commercial purposes.

17. The Management of State Forests Act No. 128 of 1992 created the South AfricanForestry Company Limited (SAFCOL) with the state as the sole shareholder. The newstate-owned enterprise became the responsible entity for the control and management ofthe state's plantations and mills. They are operated as a commercial enterprise. As ofearly 1994, important issues still left unresolved include land tenure, the management ofmarginal lands, indigenous forests, and the full staffing complement of SAFCOL.

18. For instance, land transferred by the state into the jurisdiction of SAFCOL cannotbe disposed of without parliamentary approval. Land that SAFCOL may acquire in thefuture for afforestation purposes is of uncertain status. Will SAFCOL be able to rely oncompulsory purchase to acquire land over the protests of an unwilling seller?

19. Prior to the establishment of SAFCOL, some of the state's forest lands weredecidedly marginal. With SAFCOL under extreme pressure to make a profit, the fate ofthese marginal lands is uncertain. Under normal circumstances forest cover is often agood way to protect marginal lands. But if SAFCOL must sell off these marginal landsthen their future use is both uncertain, and possibly harmful in terms of erosion andfurther degradation. The fate of marginal state forest plantations is also ambiguous.

20. If SAFCOL places these plantations on the market, there is some concem foremployment in rural areas, the economic impact on the larger regional economy, futureland uses, and the possible role of these plantations in providing minor forest products torural residents.

21. Much of South Africa's indigenous forests are found on state land, with some ofthese forests being logged on a sustainable basis for high-value timber. A few of theseindigenous forest areas have been declared Primary Conservation Areas. Examplesinclude the Tsitsikamma forest in the southem Cape, and the Grootbos forest in thenorthem Transvaal.

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22. Forestry extension has been reforned somewhat in the past few years. Mostextension service to commercial growers has been discontinued, while there is increasedemphasis on forestry as a part of new rural development efforts. The Forest OwnersAssociation has reduced its funding and therefore the extension activities of the SouthAfrican Timber Growers Association have also ceased. The Department of Water Affairsand Forests (DWAF) is increasing its focus on rural forestry, with a special emphasis on

social forestry and tree distribution programs in the homelands.

23. The nation's pulpwood supply of approximately 8 million tons is currently about80 percent of total requirements--the balance comes from bagasse, waste paper, chips,forest residue and waste. About one-half of current production is for the export market.Pulpwood, used in the production of pulp, paper, paperboard, chips, dissolving pulp andpanel products, currently consists of approximately 40 percent softwood and 60 percenthardwood. South Africa currently accounts for approximately 75 percent of Africa's pulpand paper output.

24. The nation is almost self-sufficient in paper and paperboard requirements.Recycling is beginning to make headway in South Africa with about 600,000 tonsannually of waste paper reentering the production stream. This represents a utilizationrate of almost 41 percent of domestic consumption, and 32 percent of total production(including exports).

25. The key factors affecting future growth in paper and paperboard products are: (1)pulpwood shortages; (2) international over-capacity; (3) the expected rapid increase inconsumption of paper and paper products as educational opportunities are expanded; and(4) the potential for enhanced exports.

26. Woodbased board products include chipboard, fibre board, insulation board, andhardboard. The building and furniture industries are the major users of these materialsand the demand in this sector is expected to increase considerably over the comingdecades. At the present time approximately 20 percent of total production(approximately 500,000 m3) is exported to Europe and the Pacific Rim. The sector hasbeen hit hard over the past several years--experiencing a fall off in production of about 30percent from that experienced in 1990. Political stability and the reconstruction programsnow underway will help to correct that problem.

27. During 1992 the lumber industry consumed an estimated 4.3 million m3 ofroundwood to create an estimated 1.7 million m3 of sawn boards. Total softwood lumberproduction has averaged about 1.6 million m3 annually over recent decades.

28. Total lumber equivalent of all exports amounted to approximately 300,000 m3 or20 percent of total lumber production in 1992. Demand for roundwood in the miningindustry comprises the vast majority of support timber used in mining. About 97 percentof roundwood demand comes from gold and platinum mines. The general decline inmining activity over the past decade has translated into a decline in roundwood demandof approximately 10 percent per annum.

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29. The preferred feedstock for charcoal is black wattle which has encroached inmany streams and rivers. The hardwood is most often supplied by farmers seeking tosupplement their income from a serious "weed." Eucalyptus comprises approximately 15percent of the timber intake for charcoal production. The bulk of charcoal production isexported to Europe for domestic uses.

30. About 60 percent of total poles produced are used in agriculture and the buildingsectors, with approximately one-third of the treated poles being used in powertransmission and telecommunications. With Eskom's commitment to the electrificationof both urban and rural black settlements it is expected that the demand for treated poleswill increase considerably.

31. Poplar wood is used exclusively for matchwood, but the industry is experiencing aconsiderable decline in demand for its product. The demand for roundwood is expectedto increase at about 3 percent per annum over the foreseeable future.

32. A source of some concern for the future is the Afforestation Permit System (APS).The APS was introduced in 1972 to regulate land areas that could be planted based on theprojected reduction in streamflow. Catchments in South Africa have been divided intothree categories:

Category I: No further expansion of afforestation since 1972. This categoryincludes the Vaal and Letaba Rivers;

Category II: Afforestation is only permitted that will reduce the mean annualrunoff (MAR) by a maximum of 5 percent. This categoryincludes the Tugela and Crocodile Rivers;

Category III: Same as for Category II except that the reduction in MAR mustbe less than 10 percent. This applies to all other catchments inSouth Africa.

33. The afforestation permit prescribes some general management requirements,including the control of invasive weeds. There are also requirements on the minimumwidth of the unplanted riparian zone along streams and unplanted buffer around wetlandsand along the edge of indigenous forests.

34. Problems with the current APS arise from some difficulties with the hydrologicmodel used to establish the afforestation criteria. For instance, the model only computesthe reduction in total flow rather than the impact on low flows. There is also a generallack of capacity to differentiate between water use of pines and of eucalypts. Moreover,silvicultural practices have changed somewhat since the model was developed. Theintroduction of intensive site preparation and fertilization will alter the growth rate oftrees and therefore will affect their water demand. Finally, the introduction of new

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genotypes suggests that the relation between trees per hectare and total water use must berecalibrated.

35. In addition to these scientific difficulties with the APS, the process has comeunder severe criticism on administrative grounds. The entire permitting system should beevaluated and updated. Some work is currently underway in this regard.

36. The extent of indigenous forests in South Africa is said to be slightly over 1/10 ofone percent of the total land area. Some of these are in the former bantustans and so datamay be in need of updating. A management plan is currently being developed jointly byFORESTEK and Ciskei Forestry to guide the harvesting activities in that formerbantustan.

37. As suggested previously, the area under plantation forestry would have to doubleto meet demands by the year 2020. While the total planted area will certainly increase, itis unreasonable to expect a doubling of the planted area. Therefore, emphasis will needto be put on improving yields on current areas through improved silvicultural practices,improving the breeding of trees, and more efficient utilization of wood resources inharvesting and in the various processing stages.

38. At the present time, virtually all afforestation is in plantations of over 100hectares in extent, while over 80 percent of it is in plantations exceeding 1,000 hectares insize. There has been virtually no attempt to encourage commercial tree growing in mixedagricultural systems or on small parcels. The current pricing practice, which favorsprimary processing at the expense of timber production, further discourages theexpansion of small-scale timber production. However, there is growing evidence thatmixed timber and agricultural production are increasingly feasible.

39. Two timber companies (SAPPI and MONDI) have established small-growerschemes. There were over 2,500 participants by 1991. In addition, there are nowapproximately 400 independent black timber growers (mainly in KwaZulu), and a further2,000 registered wattle bark producers in KwaZulu.

40. These programs will expand if efforts are made to promote outgrowers as anintegral part of plantation forestry. It will be essential to increase the availability ofinsurance, finance, and other support services. The South African Timber GrowersAssociation will need to be reformed to meet the needs of small growers. Pricing policieswill also require restructuring. Land tenure changes, a modification in timber researchpriorities, and a restructuring of the wattlebark quota system are also prerequisites to avibrant small-grower system.

41. Land redistribution programs are certainly much discussed these days and itshould be recognized that forestry holds a potential here. In that sense, it is vital thatSouth Africa regard its new forestry sector as an integral part of overall national landpolicy.

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42. Another pressing social issue pertains to labor policy in forestry. Workers in theforestry sector have not been banned from unemployment insurance as have farmworkers. It is clear that labor policy in both sectors will now require carefulconsideration and reform.

43. Until the late 1980's, most social forestry initiatives in South Africa were confinedto woodlots and therefore did not really fit the community-based notion of social forestry.It is now recognized that extensive woodlots--initially created in the hope of preventingwidespread deforestation from fuelwood collection--have had little impact on solving thefuelwood "crisis." In fact, most fuelwood programs have ceased to function.

44. The bantustans had an extensive system of woodlots under the TraditionalAuthority system. Most of these have not been particularly successful. With the fullintegration of the bantustans into South Africa there will be an opportunity to study theseTA woodlots to see whether or not they can be rehabilitated.

45. The small-grower sector is doing quite well in KwaZulu where SAPPI andMONDI have extended advice and inputs to black farmers. With the elimination of thebantustans it may be possible to improve the national role of small growers. Socialforestry programs have increased since 1990, both in the government and in the NGOsector. However, the transition to an emphasis on social forestry is not painless. Theremust be fundamental changes in the concept of what forestry is--including forestryextension. There will be a need for coordinated programs to develop resources fortraining in social forestry from the village level up through the forestry agencies ingovernment.

46. The rehabilitation of many common areas in the bantustans will be enhanced byimproved prospects in social forestry. Community-based organizations are evolving andshould have an important role to play in this important endeavor.