The Age of Commodity The Age of Commodity Water Privatization in Southern Africa Edited by David A. McDonald and Greg Ruiters London•Sterling, VA First published by Earthscan in the UK and USA in 2005 Copyright © David A. McDonald and Greg Ruiters, 2005 All rights reserved ISBN: 1-84407-134-0 paperback ISBN: 1-84407-135-9 hardback Typesetting by JS Typesetting, Porthcawl, Mid Glamorgan Printed and bound in the UK by Cromwell Press Ltd, Trowbridge Cover design by Danny Gillespie For a full list of publications please contact: Earthscan 8–12 Camden High Street London, NW1 0JH, UK Tel: +44 (0)20 7387 8558 Fax: +44 (0)20 7387 8998 Email: [email protected] Web: www.earthscan.co.uk 22883 Quicksilver Drive, Sterling, VA 20166-2012, USA Earthscan is an imprint of James and James (Science Publishers) Ltd and publishes in association with the International Institute for Environment and Development A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data McDonald, David A. (David Alexander) The age of commodity : water privatization in Southern Africa / David A. McDonald and Greg Ruiters. p. cm. Includes bibliographical references and index. ISBN 1-84407-134-0 (pbk.) – ISBN 1-84407-135-9 (hardback) 1. Water utilities—Africa, Southern. 2. Water-supply—Economic aspects—Africa, Southern. 3. Privatization—Africa, Southern. I. Ruiters, Greg, 1959– II. Title. HD4465.A356M38 2005 363.6’1–dc22 2004022851 Printed on elemental chlorine-free paper Contents List of Figures, Tables and Boxes vii About the Contributors ix Acknowledgements xi List of Acronyms and Abbreviations xii Introduction: From Public to Private (to Public Again?) 1 David A. McDonald and Greg Ruiters PART1 THEORY AND PRACTICE 1 Theorizing Water Privatization in Southern Africa 13 David A. McDonald and Greg Ruiters 2 The New Water Architecture of SADC 43 Larry A. Swatuk 3 The Constitutional Implications of Commercializing Water in South Africa 59 Sean Flynn and Danwood Mzikenge Chirwa 4 Turning Off the Taps on the GATS 77 Karl Flecker and Tony Clarke PART2 CASE STUDIES IN SOUTH AFRICA 5 Entrenching Inequalities: The Impact of Corporatization on Water Injustices in Pretoria 99 Peter McInnes Box1 South African Water Caucus (SAWC) Resolution on Water and Trade Adopted August 2003 118 6 Managing the Poor by Remote Control: Johannesburg’s Experiments with Prepaid Water Meters 120 Ebrahim Harvey Box2 Resolution on Prepaid Meters by South African Municipal Workers’ Union (Samwu) 128 vi THE AGE OF COMMODITY 7 Public Money, Private Failure: Testing the Limits of Market Based Solutions for Water Delivery in Nelspruit 130 Laïla Smith, Amanda Gillett, Shauna Mottiar and Fiona White 8 The Political Economy of Public–Private Contracts: Urban Water in Two Eastern Cape Towns 148 Greg Ruiters Box3 Declaration of the Coalition Against Water Privatisation (South Africa) 166 9 The Murky Waters of Second Wave Neoliberalism: Corporatization as a Service Delivery Model in Cape Town 168 Laïla Smith Box4 Western Cape Anti-Eviction Co-ordinating Committee (South Africa), Press Statement 188 10 ‘Free Water’ as Commodity: The Paradoxes of Durban’s Water Service Transformations 189 Alex Loftus Box5 The Phiri Water Wars of 2003 204 11 The Rise and Fall of Water Privatization in Rural South Africa: A Critical Evaluation of the ANC’s First Term of Office, 1994–1999 206 Stephen Greenberg PART3 CASE STUDIES IN THE REGION 12 Stillborn in Harare: Attempts to Privatize Water in a City in Crisis 225 Rekopantswe Mate 13 ‘There is Still No Alternative’: The Beginnings of Water Privatization in Lusaka 240 Karen Cocq 14 Water Privatization in Namibia: Creating a New Apartheid? 258 Labour Resource and Research Institute (LaRRI) Box 6 Draft Manifesto Against Water Privatization in Namibia 273 15 The New Face of Conditionalities: The World Bank and Water Privatization in Ghana 275 Rudolf Nsorwine Amenga-Etego and Sara Grusky Box 7 The Accra Declaration on the Right to Water 291 Index 293 List of Figures, Tables and Boxes FIGURES 5.1 Tshwane households by income range 102 5.2 Average annual daily demand sold per area per day, year ending June 2001 103 5.3 Monthly household water consumption by tariff block in Pretoria and Mamelodi (July 2002–June 2003) 104 5.4 Tshwane household water tariff (2003–2004) 109 5.5 Tshwane’s household tariff compared with Cape Town and Johannesburg (2003–2004) 111 7.1 Location of Mpumalanga Province in South Africa 131 7.2 Map of (renamed) Mbombela Municipality 137 9.1 Monthly consumption of 60 kl of water in Cape Town and Tygerberg (1997–2002) 175 9.2 Monthly consumption of 10 kl of water in Cape Town and Tygerberg (1997–2002) 176 9.3 Total water cutoffs in the Cape Town and Tygerberg administrations (1991–2001) 181 9.4 Water cutoffs per 1000 customers billed in Tygerberg (1999–2001) 182 13.1 Water bills for different consumption levels under NWASCO tariff structure 249 TABLES 1.1 Different forms of water services ‘privatization’ 16 2.1 SADC states’ access to clean water and sanitation 44 2.2 International river basins shared between SADC states 49 4.1 GATS rules: current and under negotiation 81 5.1 Existing water service level summary 102 7.1 Monthly household income by locality and percentage of population in the Nelspruit TLC 132 7.2 Unemployment rates by locality in the Nelspruit TLC 133 7.3 Water tariffs in Nelspruit 142 9.1 Water tariff schedule for 2002/03 176 10.1 Charges in rand/kl of water consumed as of July 2003 192 viii THE AGE OF COMMODITY 11.1 Number and percentage of non-urban African households with selected water supply, 1996–1999 209 11.2 Percentage of African non-urban households paying for water, 1995–1999 214 11.3 Distance non-urban African household residents have to go to fetch water, 1996–1999 216 11.4 Per capita consumption on various water supply projects 217 11.5 Non-functioning schemes 217 12.1 Harare’s sources of water and their net capacities 228 13.1 Severn-Trent’s recommended ‘rising banded tariff’ 252 BOXES 15.1 Water sector reform conditions in IMF and World Bank loans to Ghana 282 15.2 Major consultant firms commissioned on Ghana water privatization 287 About the Contributors Rudolf Nsorwine Amenga-Etego is a lawyer, farmer and activist. He is a member of the governing council of the Foundation for Security and Develop- ment in Africa, executive director of the Foundation for Grassroots Initiatives in Africa and national campaign coordinator of the Coalition Against the Privatization of Water in Ghana. He is also the Goldman prize recipient for 2004. Danwood Mzikenge Chirwa is a lecturer in law at the University of Cape Town. He has published widely in the field of human rights and has practised law in Malawi. Tony Clarke has been a civil society observer, writer and activist on inter- national trade issues for over 30 years. He is founder and director of the Polaris Institute in Canada and co-author of several books on trade, water privatization and anti-corporate globalization activism. Karen Cocq is completing a Master’s degree in geography at Queen’s Uni- versity in Canada. Karl Flecker is the education coordinator with the Polaris Institute. The Institute has been working with public sector unions and civil society in a number of countries, including South Africa, to better understand the implications of the WTO’s GATS agreement. Sean Flynn is an associate at Spiegel & McDiarmid in Washington, DC, and founder/director of the Institute on Law and Development. He was a clerk for Chief Justice Arthur Chaskalson in South Africa and a lecturer in constitutional law at the University of Witwaterstrand, Johannesburg. Amanda Gillett holds a Master’s degree in public and development manage- ment from the University of the Witwatersrand, Johannesburg. She is currently a programme manager with the Australian Agency for International Develop- ment (AusAID) in Pretoria. Stephen Greenberg works in the rural NGO sector in South Africa as a researcher, writer and policy analyst. He has a Master’s degree from the Department of Geography and Environmental Studies at the University of Witwatersrand. x THE AGE OF COMMODITY Sara Grusky is an academic and midwife who now works with Public Citizen’s ‘Water for All’ campaign, defending the rights of communities to clean and affordable water. Ebrahim Harvey is a former journalist and recently completed a Master’s degree at the University of the Witwatersrand on the Johannesburg water contract. The Labour Resource and Research Institute (LaRRI) is a labour-based organization based in Windhoek, Namibia, which carries out education and research programmes on labour and development issues in Southern Africa. It is also a founding member of the African Labour Research Network (ALRN). Alex Loftus is completing a DPhil in the School of Geography and the Environ- ment at Oxford University looking at the political ecology of struggles for water in Durban. Rekopantswe Mate is a lecturer in the Department of Sociology at the Uni- versity of Zimbabwe. Her research focuses on development issues. Peter McInnes is completing a Master’s degree in sociology at the University of Witwatersrand on social mobilization, municipal services and the South African Bill of Rights. David A. McDonald is director of Development Studies at Queen’s University in Canada and co-director of the Municipal Services Project. Shauna Mottiar is based in Durban as a researcher for the Centre for Policy Studies. She is a PhD candidate at the University of the Witwatersrand conduct- ing research on democratic consolidation. Greg Ruiters is senior lecturer in Political and International Studies at Rhodes University, South Africa, and co-director of the Municipal Services Project. Laïla Smith is director of research and evaluation for the Contract Management Unit for the City of Johannesburg, and is responsible for monitoring Johannes- burg Water. Larry A. Swatuk is associate professor and head of the Natural Resource Policy, Institutions and Law Research Unit at the University of Botswana’s Harry Oppenheimer Okavango Research Centre, Maun, Botswana. Fiona White is a PhD candidate at the University of London working on civil society and social movements.