Informations générale
P. O. Box 518, Malelane 1320, South Africa
Données de base
Site Internet
Couverture géographique
This includes the Incomati, Komati and Maputo water courses.
| Pays | Superficie |
|---|---|
|
Mozambique
|
14600km²
|
|
Afrique du sud
|
29200km²
|
|
Swaziland
|
3000km²
|
Fonction/mandat
Fonctionnement
The Komati River Basin Institutional Framework is comprised of South Africa, Swaziland and Mozambique. Policy matters are dealt with by the Joint Water Committee (JWC) and the Tripartite Permanent Technical Committee (TPTC), management matters are dealt with by the KOBWA Board and the Incomati Operating Task Group while operational issues are handled by the Komati Joint Operations Forum (KJOF). The KJOF is an operations forum where all water users in the Komati River Basin meet to discuss operational matters. The Komati Basin Water Authority (KOBWA) is a bi-national organization established by South Africa and Swaziland to design, operate and maintain phase 1 of the Komati River Basin Development Project. KOBWA reports to the Joint Water Commission (JWC) which is a technical advisory body of the two Governments. Three members from each country represent each country at JWC. Where the water situation touches on Mozambique, such matters are then dealt with by the Tripartite Permanent Technical Committee (TPTC) which is comprised of representatives of the three countries. TPTC meets at least once a year while JWC meets at least once every two months.
The JWC acts as technical advisor to South Africa and Swaziland on all matters relating to the development and utilization of water resources of common interest. JWC possesses legal power in the territory of each party and comprises of two delegations representing both countries. Each delegation shall consist of no more than three members to be appointed by the signatories, one of whom shall be designated by that party as leader of its delegation. Additional advisors may be co-opted.
The responsibility of KOBWA is to implement Phase 1 of the Komati River Basin Development Project, which comprises the design, construction, operation, and maintenance of the Driekoppies Dam in South Africa (Phase 1a), part of the Komati River and the Maguga Dam in Swaziland (Phase 1b), part of the Komati River.
The JWC shall meet at least twice a year; the venue of the meetings may rotate, and the host provides the chairman and is responsible for the preparation and timely distribution of the proposed agenda, recording and distribution of the minutes, and provision of a suitable venue. And as a matter of procedure, each party shall supply information and plans relating to the develop-ment and utilization of the water resources of common interest to the Commission as the Commission may require for the performance of its functions.
Decisions at operational level are referred to the KOBWA Board of Directors, which comprise three members from each country. Thereafter if no decision is reached or if the decision required hinges on policy the matter is referred to the JWC. If the decision required hinges on political issues or if no decision is reached at JWC the matter is referred to the Governments. The treaty also provides for cases where the Governments do not agree. Decisions of the Joint Water Commission are taken on the basis of consensus. Any dispute concerning the interpretation of the treaty shall, at the request of either party, be resolved through negotiations. In the event that the parties fail to settle a dispute within three months of the date of request, either party may submit the dispute for arbitration upon giving written notice of its intention to the other party.
KOBWA is financed in two different ways; (a) loans raised by KOBWA from private financial institutions. (b) Direct contributions by the Governments. Monies obtained through direct contributions by the governments are used for operational expenditure. For meetings of the Commission, each party is responsible for all costs incurred in connection with the attendance and participation of its delegation and of any person co-opted as an advisor. The state hosting a meeting meets the costs incurred in providing a venue, preparing and distributing the proposed agenda and recording and distribution of the minutes. All other costs incurred or liabilities accepted by the JWC in performing its functions and exercising its powers shall be shared equally by the parties unless otherwise agreed by the Commission.
No specific provisions are given but the organization’s Institutional Structures for Resettlement allows for participation of various stakeholders under different organizations.
KOBWA originates from the Treaty on the Development and Utilization of the Water Resources of the Komati River Basin signed between Swaziland and South Africa in 1992. Also signed between the two countries in 1992 is the Joint Water Commission Treaty. Accompanying this treaty was the Agreement signed between Mozambique, South Africa and Swaziland in Pigg’s Peak in 1991 (Pigg’s Peak Agreement). Subsequent to these is the latest Interim Inco-Maputo Agreement signed between the three Countries at the World Summit on Sustainable Development in Johannesburg in 2002.
Bases légales
| Date | Nom du traité | Signataires | Bassin |
|---|---|---|---|
|
1991-01-01
|
Pigg’s Peak Agrement
|
Mozambique
South Africa
Swaziland
|
- |
|
1992-01-01
|
Komati Water Development and Utilization Treaty
|
South Africa
Swaziland
|
- |
|
1992-01-01
|
JWC Treaty
|
South Africa
Swaziland
|
- |
|
2002-01-01
|
Interim Inco-Maputo Agreement
|
Mozambique
South Africa
Swaziland
|
Komati, Maputo
|