Judge Legal Legal Services and Advice Cape Town South Africa
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National Water Day – Cape Town South Africa – Water Crisis[/caption]World Water Day
Yesterday (22 March 2018) was World Water Day. A day where the focus is on the importance of water and raising awareness on the issues surrounding it. The residence of the Western Cape, South Africa all to well know of the scarcity of water, as in the last few years, water has become in less supply and expensive. Dam levels have declined compared to previous years, and at the time of writing this article, there has been no substantial amount of rainfall positively predicted for the coming winter season. What this tells us, is that both government and civil society need to work together to alleviate the water crisis in South Africa. This can be done by better water management and drilling into alternative sources of fresh water, to mention a few. Clearly some businesses have benefited from the crisis. People are purchasing bottled water in its gallons and the sale of 25 litre containers has sky rocketed. Almost every household owns a few containers. Then there is the Jojo tanks residence purchased and used to catch and store rain water, and water from water sources. All these costs money to the ratepayer. As Our Lawyer (Pty) Ltd is based in Cape Town, we felt it fitting to use our legal expertise to write something on the water crisis in celebration of World Water Day. We too are feeling the crisis in our office building where water saving measures are in place.Cape Town Water Crisis
The water crisis in Cape Town is therefore clearly a real issue affecting not only its residents, but industry alike. Currently Cape Town is facing level 6B water restrictions, which allows its residence less than 50 litres of water usage a day. This has been the case for the past few months. Prior to that, the quota per person was in the region of 85 litres of water usage a day. With these restrictions, comes higher water costs in that, the more you use, the more you would pay as compared to periods before level 6B. This could be compared to the “polluter pays” principle when it comes to pollution. [caption id="attachment_5573" align="alignleft" width="300"]
Water Quota at Newlands Springs Cape Town[/caption]Water Outages and Problems
As with the electricity crisis not too long ago, Cape Town is now experiencing water outages. And in some areas, more than others. Certain areas experience blue coloured water coming from their taps, which may not be potable. Then there is the issue of the controversial water meters being installed for homes across Cape Town. In some areas, the communities opposed its installations citing faulty devices as a reason. When the device fails, residence is left without water until it is repaired, and sometimes not soon enough. This can be particularly annoying as the devices comes at a cost to the ratepayer. No matter how you look at it, water is still a vital resource on any level. We need it for our daily living. Industry requires it for their growth. And farms require it to ensure that there is food on our tables. But where does this leave us going forward? As can be seen, clearly there is a crisis, and costing us. Is there light at the end of the tunnel, or water at the bottom of the pit?A right to water in South Africa
South Africa is an arid country with a small percentage of its rainfall available as surface water. It further has one of the lowest conversion ratios in the world. Each time we lose a water resource due to pollution or to poor conservation, we are driven closer to ‘water resource extinction’. It is therefore critically concerning that many of the Western Cape’s rivers are heavily polluted.
What does our Constitution say?
Section 24 of our country’s constitution states that “everyone has the right to an environment that is not harmful to their health or well-being.” The same section further states that “the environment is to be protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development. Furthermore, section 27 of our Constitution states that “everyone has the right to have access to sufficient water.”Alternative Sources of Water in Cape Town
Cape Town has now bought into the idea of desalination. There are currently three desalination plants in Cape Town, hoping to be up and running in a few weeks’ time. This however would not supply Cape Town with all its needed water should it be fully up and running. Then there is the issue of borehole water. Many residences and businesses have invested in drilling boreholes. This however comes at a cost and the water is not drinkable. It seems whatever the alternative sources are, it would cost the user a pretty penny. [caption id="attachment_5572" align="alignleft" width="300"]
Water Crisis Cape Town Newlands Springs[/caption]Spring Water
The South African Breweries has a spring water collection point in Newlands Cape Town open to the public. Here residence may collect their water. There is also another collection point a few minutes’ walk away. With only five taps, and long queues, even being open twenty-four hours a day, would not support the entire Cape Town population. People may find it easier to just purchase water from the store. There are quite a few springs in Cape Town, but not all of them are open to the public. You will find people queuing in Muizenberg or collecting the water coming from the Mountain on Boyes Drive. Be that as it may, it would be clearly impracticable for a household of five people to collect their free water from springs, to alleviate a huge water bill. People work, and there are costs involved in transporting the water.The way forward
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25 LWater Containers being filled.[/caption] Without pointing fingers, it is clear that something has gone wrong with regard to water management in the Western Cape. How can things change so quick? But we are where we are, and now with our eyes open. We cannot depend on government solely anymore to save us, we need to take positive action. If this means installing water saving devices, collecting water, or drilling boreholes; that is what we must do. In any event, our pockets will feel it. We wish the City success with their water desalination venture, and making use of groundwater, and truly wish the Winter season will fill up our dams. However, we all need to have systems and contingencies in place, as this crisis is one that may be around for some time. For environmental legal services, visit Envirolaws (Pty) Ltd. Happy World Water Day! The Our lawyer (Pty) Ltd Legal Team
I intend to leave South Africa and relocate with my minor child of the National Lockdown. What do I need to be aware of? Have a look at the checklist below.
With Covid-19 and the National Lockdown in South Africa, many things have changed. People re-looked their lives and started thinking differently about the future. As international travel is phasing in, relocating to another country may be something you have strongly considered. Now can you do it with your minor child?Reasons people relocate to other countries
There is no reason to only live in one country for your entire life. Your work or partner in life may force you to leave South Africa and relocate to another country. Many people relocate to the United States of America, United Kingdom, Asia, and the Middle East, to mention a few. You may even want to go back to your country of birth.Relocating with a minor child
When a parent wishes to leave South Africa and relocate to another country with a minor child, there are certain things he or she needs to be aware of. In essence, it is the issue of consent from the other parent or co-guardian. The reason for requiring consent is due to the prescripts of the Children’s Act. Section 18(3) of the Children’s Act states the following: 
(3) Subject to subsections (4) and (5), a parent or other person who acts as guardian of a child must- (a) administer and safeguard the child’s property and property interests; (b) assist or represent the child in administrative, contractual and other legal matters; or (c) give or refuse any consent required by law in respect of the child, including- (i) consent to the child’s marriage; (ii) consent to the child’s adoption; (iii) consent to the child’s departure or removal from the Republic; (iv) consent to the child’s application for a passport; and (v) consent to the alienation or encumbrance of any immovable property of the child. Sections 18(4) and 18(5) states: (4) Whenever more than one person has guardianship of a child, each one of them is competent, subject to subsection (5), any other law or any order of a competent court to the contrary, to exercise independently and without the consent of the other any right or responsibility arising from such guardianship. (5) Unless a competent court orders otherwise, the consent of all the persons that have guardianship of a child is necessary in respect of matters set out in subsection (3) (c) . We bolded and underlined section 18(3)(iii) and 18(3)(iv) of the Children’s Act dealing with “(iii) consent to the child’s departure or removal from the Republic; (iv) consent to the child’s application for a passport”. So, if you are intending to relocate with your minor child to another country, make sure you comply with the following checklist:Consent Checklist
Consent for a Passport for the minor child
– Ensure that you have the other parent or guardian’s consent for an application for a passport; – Ensure that the other parent or guardian is willing to accompany you and the minor child to the Department of Home Affairs for the Application for, or renewal of the minor child’s passport. – If the other parent or guardian does not want to give consent for the passport, then you need to approach the Court for the necessary consent. You may want to double-check with the Department of Home Affairs; but since we last checked, they require both parents and the child to be present when applying for the child’s passport. Therefore, a letter or affidavit from the absent parent may not be enough. This can be challenging if the parents live in different provinces. Consent for relocation for the minor child
– Ensure that you have the other parent or guardian’s consent for the relocation; – Ensure that the other parent or guardian is willing to provide written consent for the minor child’s removal from the country. The necessary documents may be obtained from the Department of Home Affairs’ website. Download the necessary documents and ensure that you have all your documents in order. It is always a good idea to pay them a visit to ensure that you have all you require. The last thing you want is to board the aeroplane and be told that certain documents are missing. – If the other parent or guardian does not want to give consent for the relocation, then you need to approach the Court for the necessary consent.Obtaining a court order
We always advise a parent who wishes to relocate overseas with a minor child to have a Court Order outlining the parental responsibilities and rights of both parents in it, as well as certain guardianship rights. For example, the order would outline when and how contact would be exercised, as well as when consent is not required by the other parent whilst overseas. In the latter regard, should the minor child wish to enrol into a school, the order may state that only one parent’s consent is required. t is not required by the other parent whilst overseas. In the latter regard, should the minor child wish to enrol in a school, the order may state that only one parent’s consent is required. We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | EnvirolawsVarious countries in the world. Which one are you intending to relocate to? Leave a comment below.
Afghanistan Albania Algeria Andorra Angola Antigua and Barbuda Argentina Armenia Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Bulgaria Burkina Faso Burundi Cabo Verde Cambodia Cameroon Canada Central African Republic (CAR) Chad Chile China Colombia Comoros Congo, Democratic Republic of the Congo, Republic of the Costa Rica Cote d’Ivoire Croatia Cuba Cyprus Czechia Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Eswatini (formerly Swaziland) Ethiopia Fiji Finland France Gabon Gambia Georgia Germany Ghana Greece | Grenada GuatemalaGuinea Guinea-Bissau GuyanaHaitiHonduras Hungary Italy IcelandIndiaIndonesia Iran Iraq IrelandJamaica Japan Jordan KazakhstanKenya Kiribati Kosovo Kuwait Kyrgyzstan Laos Latvia Lebanon Lesotho Liberia Libya Liechtenstein Lithuania Luxembourg Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Mauritania Mauritius Mexico Micronesia Moldova Monaco Mongolia Montenegro Morocco Mozambique Myanmar (formerly Burma) Namibia Nauru Nepal Netherlands New Zealand Nicaragua Niger Nigeria North Korea North Macedonia (formerly Macedonia) Norway Oman Pakistan Palau | Palestine PanamaPapua New Guinea ParaguayPeru Philippines Poland PortugalQatar RomaniaRussia Rwanda Saint Kitts and Nevis Saint LuciaSaint Vincent and the Grenadines Samoa San Marino Sao Tome and Principe Saudi ArabiaSenegal SerbiaSeychelles Sierra LeoneSingapore Slovakia Slovenia Solomon Islands Somalia South Africa South Korea South Sudan Spain Sri Lanka Sudan Suriname Sweden Switzerland Syria Taiwan Tajikistan Tanzania Thailand Timor-Leste Togo Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Tuvalu Uganda Ukraine United Arab Emirates (UAE) United Kingdom (UK) United States of America (USA) Uruguay Uzbekistan Vanuatu Vatican City (Holy See) Venezuela Vietnam Yemen Zambia Zimbabwe |