Are South Africa’s proposed water use licence reforms racist and unconstitutional?

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Are South Africa’s proposed water use licence reforms racist and unconstitutional?
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Tech billionaire Elon Musk has picked up on the introduction of racial quotas for black shareholding in water use licences, sparking fierce debate

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“This is draft legislation; everybody gets an opportunity to comment, and the department of water and sanitation gets a chance to go back to the drawing board and then they come up with a new regulation. “We were informed that the parliamentary portfolio committee would be considering a revised version of the draft Amendment Act towards the end of last year. We are still awaiting the notice on whether the parliamentary portfolio committee engagements might take place.”

“What the National Water Amendment Bill proposed, however, was also significant transformation of the water sector, for example, by making social transformation requirements and HDI scores pre-eminent or the paramount consideration in granting water licences. Under the previous water legislation, the only people who could get access to water were white men. “Not even my white grandmother could get access to water until 1994. The Act and the Constitution says we have to address the results of past racial and gender discrimination.

“This implies that almost 50% of South Africans don’t have the means to obtain shares in a broad-based BEE company, and that 50% of South Africans don’t have the means to buy shares in an existing enterprise that uses water to produce food or goods.”

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