Water Accesses, Water Accesses, Institutional Processes Institutional Processes and ‘Property’ Rights and ‘Property’ Rights Creation: Experiences, Creation: Experiences,

Challenges and Lessons Challenges and Lessons “Mzingwane & Olifants”“Mzingwane & Olifants”

Pinimidzai Sithole (PLAAS – UWC & Pinimidzai Sithole (PLAAS – UWC & IWMI)IWMI)

Supervisors: Dr Mafaniso Hara and Dr Barbara van KoppenSupervisors: Dr Mafaniso Hara and Dr Barbara van Koppen

OutlineOutline

• IntroductionIntroduction

• Objectives & Key Research QuestionsObjectives & Key Research Questions

• Research MethodsResearch Methods

• Results (& Discussion)Results (& Discussion)– Water accessesWater accesses– Institutional ProcessesInstitutional Processes– Property rights creationProperty rights creation

• ConclusionsConclusions

Objectives, Res Questions and Objectives, Res Questions and HypothesesHypotheses

Main Objective:Main Objective:• Examine and analyze how formal and informal Examine and analyze how formal and informal

institutions shape patterns (& processes) of access, institutions shape patterns (& processes) of access, use and control of water in communal areasuse and control of water in communal areas

Main Question:Main Question:• How do formal and informal institutions determine How do formal and informal institutions determine

patterns (& processes) of access and control over patterns (& processes) of access and control over water resources (by women and men) at the ‘local’ water resources (by women and men) at the ‘local’ and ‘intermediate’ levels in communal areas?and ‘intermediate’ levels in communal areas?

Res Objectives & Res Objectives & HypothesesHypotheses

– Objective oneObjective one: Determine, review and analyse the : Determine, review and analyse the political, legal, regulatory and administrative aspects political, legal, regulatory and administrative aspects affecting water management initiatives in communal affecting water management initiatives in communal areas of South Africa and Zimbabwe.areas of South Africa and Zimbabwe.

– Objective twoObjective two: Identify and characterise how the : Identify and characterise how the existing formal and informal institutions affect (land existing formal and informal institutions affect (land and) water access, use, and allocationand) water access, use, and allocation

– Objective threeObjective three: Identify the (land and) water : Identify the (land and) water resource rights, powers and entitlements practiced by resource rights, powers and entitlements practiced by rural women and men for managing multiple (land) rural women and men for managing multiple (land) water uses.water uses.

– Objective fourObjective four: Investigate the role of women and : Investigate the role of women and men in relation to land and water institutions and men in relation to land and water institutions and decision-making processes.decision-making processes.

HypothesesHypotheses

Hypothesis 1Hypothesis 1• Current water reforms in their present form Current water reforms in their present form

and structure (addressing primarily and structure (addressing primarily commercial water) do not necessarily benefit commercial water) do not necessarily benefit small-scale farmers in communal areas. small-scale farmers in communal areas.

Hypothesis 2Hypothesis 2 • The resource status of smallholder farmers The resource status of smallholder farmers

determines their participation and inclusion in determines their participation and inclusion in institutions.institutions.

Research MethodsResearch Methods

• Data collectionData collection– 4 villages within Ward 17 (Zim) and 4 villages in 4 villages within Ward 17 (Zim) and 4 villages in

Sekororo (SA)Sekororo (SA)

– Key informants interviewsKey informants interviews: : traditional leaders, extension traditional leaders, extension officers, water committee leaders, irrigation committee officers, water committee leaders, irrigation committee leader, donor/aid agencies reps, ward councilors, leader, donor/aid agencies reps, ward councilors, ordinary villagers knowledgeable about water issues, ordinary villagers knowledgeable about water issues, local municipality, RDC, DWAF, LDA, Arex…local municipality, RDC, DWAF, LDA, Arex…

– Detailed face-to-face household interviews (n=120 x 2)Detailed face-to-face household interviews (n=120 x 2)• current and past access and use of watercurrent and past access and use of water• Hydraulic property rights creationHydraulic property rights creation

– Focus group discussions in each villageFocus group discussions in each village• life histories and diaries of key water events/issues life histories and diaries of key water events/issues

and processesand processes

Study Sites…Study Sites…

Botswana

South Africa

Mozambique

100 0 100 200 Kilometers

N

Mopani

Sekhukhune

Capricorn

ChiredziMweneziGwanda

Insiza

Matobo

Zimbabwe

Study Site Profile…SekororoStudy Site Profile…Sekororo

Data Sources: SA census, Maruleng municipality, own community interviews, own household interviews

Village Village NameName

Total Total no. ofno. ofhhdshhds

Total Total populationpopulation

Sample Sample interviewintervieweded

Ownership Ownership of own of own water (re) water (re) source source (borehole)(borehole)

EnableEnable 459459 27562756 4848 33

LorraineLorraine 14451445 86678667 5353 6161

SofayaSofaya 515515 30893089 2828 --

WorcesterWorcester 186186 11151115 2222 --

TotalTotal 26052605 1562715627 (n=151)(n=151) 6464

Study Site Profile…Ward 17 Study Site Profile…Ward 17 (Mzi)(Mzi)

• Total of 500 households in the ward (Census Total of 500 households in the ward (Census 2002)2002)

• Villages organised along “lines” of between 12 Villages organised along “lines” of between 12 and 42 hhds…….’see kraal heads/village leader’and 42 hhds…….’see kraal heads/village leader’

• Each village averages between 120 – 180 hhdsEach village averages between 120 – 180 hhds

• ‘‘All’ households engage in farmingAll’ households engage in farming

Water Accesses…Water Accesses…

……

Water Accesses Water Accesses SekororoSekororo

• CSPs,CSPs,

• boreholes, boreholes,

• shallow wells shallow wells (protected and (protected and unprotected), unprotected),

• rivers and streamsrivers and streams

• FurrowsFurrows

• Jojo tanks &Jojo tanks &

• SpringsSprings

Water Accesses!!!Water Accesses!!!

• Main types of water access:Main types of water access:– Private boreholes Private boreholes – Communal boreholes (everyone??)Communal boreholes (everyone??)– Project boreholes (members only!!!) Project boreholes (members only!!!) – Shallow wells(<2m)Shallow wells(<2m)– Rivers / streamsRivers / streams– Small reservoirs/damsSmall reservoirs/dams– Deep wells (2m+)Deep wells (2m+)

Water Accesses Water Accesses SekororoSekororo

SourcesSources

• CSPs,CSPs,

• boreholes, boreholes,

• shallow wells shallow wells (protected and (protected and unprotected), unprotected),

• rivers and streamsrivers and streams

What drives the institutional What drives the institutional processesprocessesIs it ownership? orIs it ownership? or

Investment?Investment?

Is it the design at the Is it the design at the water point?water point?

ororIs it the funder’s Is it the funder’s

(donor’s) (donor’s) conditions?conditions?

Institutional Processes (history Institutional Processes (history & genealogy + Change)???& genealogy + Change)???

Is it ownership? orIs it ownership? or

Investment?Investment?

Is it the design at the water Is it the design at the water point?point?

OrOr

Is it the funder’s (donor’s) Is it the funder’s (donor’s) conditions?conditions?

Or Or through engagement with other through engagement with other villagersvillagers

History of the water source?History of the water source?

History of Water (Supply) History of Water (Supply) Institutions…Institutions…1984/85 2 Dams/bulk water storage reservoirs built by the Government

** Civic committees (early 90’s)** Moseteng Water Committee

Lorraine WC

Sofaya WC Enable WC

1994/95 Mvula Trust started building the third dam

2002 Mvula Trust leaves

** Hand over did not take place (issue of lost funds)**Enable & Lorraine WC becomes inactive** Water infras… vandalism became endemic**Only Sofaya & Worcester WC’s are working

Worcester WC

Post 1994-2000

Water (Supply) Institutions Water (Supply) Institutions GwandaGwanda• 1950 started sinking of boreholes in G-South under 1950 started sinking of boreholes in G-South under

LAALAA

• By 1952 there were 413 wells & 50 boreholesBy 1952 there were 413 wells & 50 boreholes

• 1980 onwards interventions by gvt continued…1980 onwards interventions by gvt continued…

• 1995-2000 GRSSSP funded by UNICEF1995-2000 GRSSSP funded by UNICEF– 613 WPC613 WPC– 230 new boreholes sunk230 new boreholes sunk– 261 boreholes sunk through private initiative261 boreholes sunk through private initiative– 50 new boreholes by NGOs50 new boreholes by NGOs– 211 boreholes fitted with pumps211 boreholes fitted with pumps– 357 headworks constructed357 headworks constructed

Processes…Processes…

• maintaining and or rehabilitating a maintaining and or rehabilitating a water point opens doors 4 better water point opens doors 4 better engagement with other usersengagement with other users

• ‘‘Contributions’ do not always lead to Contributions’ do not always lead to exclusionary rights…but works in exclusionary rights…but works in managing the process anywaymanaging the process anyway

ProcessesProcesses• leaders jockeying for patronage: elected leaders jockeying for patronage: elected

vs. hereditary leadershipvs. hereditary leadership

• dilemma of a legitimate dilemma of a legitimate enforcer…’shopping forums’enforcer…’shopping forums’

• RDC remotely involved…Clrs despite being RDC remotely involved…Clrs despite being resp for the bulk of infrastructureresp for the bulk of infrastructure

• MLG/RDC intimately involved…traditional MLG/RDC intimately involved…traditional leaders!!!leaders!!!

Processes…Processes…• Can be typified into clusters associated Can be typified into clusters associated

with the history of water sources i.e. with the history of water sources i.e. founder, funder and/or champion!founder, funder and/or champion!

• The notable and easily identifiable The notable and easily identifiable institutions involved (funding and setting institutions involved (funding and setting access terms) include:access terms) include:

• ITDG/Practical ActionITDG/Practical Action• ICRISAT – Hlanganani, Tovimba, Qinisile…ICRISAT – Hlanganani, Tovimba, Qinisile…• DE GermanDE German• European Union-ECHOEuropean Union-ECHO• Local GovernmentLocal Government• Traditional leadershipTraditional leadership• War veteransWar veterans

……

• The subtle (and often effective) The subtle (and often effective) institutional pivots:institutional pivots:

•Burial societiesBurial societies

•Women’s Savings clubsWomen’s Savings clubs

•Harvesting and beer partiesHarvesting and beer parties

•From ‘amasiso’ to syndication…From ‘amasiso’ to syndication…

Representation…WC/WPC/Representation…WC/WPC/WWC!!!WWC!!!

• ““there is no use in electing someone who there is no use in electing someone who cannot afford to attend meetings”cannot afford to attend meetings”

• ““Water is politics… as a councillor am Water is politics… as a councillor am elected to cover all issues”elected to cover all issues”

• Chief Mathe “Our lives are not organised Chief Mathe “Our lives are not organised according to resource…but broader issues according to resource…but broader issues affecting our people”affecting our people”

……

• ““we (water users) are like a tree…where us we (water users) are like a tree…where us villagers are at the tip of the leaves…and we villagers are at the tip of the leaves…and we do not have control over what happens at the do not have control over what happens at the stem/trunk and branches” Lorraine villagerstem/trunk and branches” Lorraine villager

• ““The municipality and DWAF can come with The municipality and DWAF can come with laws and policies, in villages it’s the indunas laws and policies, in villages it’s the indunas and the chief who are the custodians” Chief and the chief who are the custodians” Chief SekororoSekororo

‘‘Property Rights Creation’Property Rights Creation’

Rights Rights Creation…‘Communal’Creation…‘Communal’• Investment (infrastructure) leverages Investment (infrastructure) leverages

one’s stake only when an ‘enforcer’ can one’s stake only when an ‘enforcer’ can guarantee such a stakeguarantee such a stake

• Rights are mainly usufruct but can also be Rights are mainly usufruct but can also be exclusionary (appropriation- com to pvt)exclusionary (appropriation- com to pvt)

• Most common form is ‘appropriative’ Most common form is ‘appropriative’ rights esp. with donor funded rights esp. with donor funded infrastructureinfrastructure

Rights Creation…‘Private’Rights Creation…‘Private’

• Exclusionary ownership rights…can decide Exclusionary ownership rights…can decide to dispose off the infra…to dispose off the infra…

• Exclusionary access rights over… water Exclusionary access rights over… water conveyed/pumpedconveyed/pumped

• Usually kin, ‘close’ friends and neighbours Usually kin, ‘close’ friends and neighbours allowed some usufruct access allowed some usufruct access for domestic for domestic purposes (only)purposes (only)

• Mainly boreholes and protected wellsMainly boreholes and protected wells

Enforcement!!!Enforcement!!!

• Nature of enforcement and the processes:Nature of enforcement and the processes:– Consensus hardly reached unless the three main Consensus hardly reached unless the three main

centres of power ‘centres of power ‘compromise, collude or compromise, collude or connive’connive’• Sanctions like forbidding certain individuals from Sanctions like forbidding certain individuals from

mechanised access i.e. scotch carts, wheel barrows… tomechanised access i.e. scotch carts, wheel barrows… to

• ……outright barring from accessing certain sourcesoutright barring from accessing certain sources

• Scenes for confrontation and negotiation…Scenes for confrontation and negotiation…ordinaryordinary people set the dictates people set the dictates

ConclusionsConclusions• It would seem that traditional leaders are It would seem that traditional leaders are

still the main fulcrum of local institutional still the main fulcrum of local institutional processes…yet, without the collusion of processes…yet, without the collusion of elected leaders, their powers are limitedelected leaders, their powers are limited

• Generally poor accesses (timing, Generally poor accesses (timing, availability, quantity and distance) unless availability, quantity and distance) unless where and when people invested…where and when people invested…

• Private investment ensures exclusionary Private investment ensures exclusionary (flexible) and sometimes appropriative (flexible) and sometimes appropriative rights…rights…

……

• ‘‘Contributions’ do not always lead to Contributions’ do not always lead to exclusionary rights…but works in exclusionary rights…but works in managing the process anywaymanaging the process anyway

AcknowledgementsAcknowledgements• SupervisorsSupervisors• Jacinta, Shirley, Peter Jacinta, Shirley, Peter

and Edwardand Edward• Mr. and Mrs. NcubeMr. and Mrs. Ncube• Chiefs: Mathe, Chiefs: Mathe,

SekororoSekororo• Headman/women in Headman/women in

the eight villagesthe eight villages• Maria Kgabo…my Maria Kgabo…my

mum in Sekororomum in Sekororo

• CPWF…fundingCPWF…funding

• IWMI…funding & IWMI…funding & Logistical supportLogistical support

• PLAAS…supervisionPLAAS…supervision

• ICRISAT…logistics ICRISAT…logistics MzingwaneMzingwane

• Waternet…FundingWaternet…Funding