A new water act for Zimbabwe?

In the Western world there are two main systems of law — the English and the Roman Dutch systems. Though Zimbabwe was colonized by the English, its legal system falls under the Roman Dutch system because of the South African influence. According to the Roman Dutch law, water is a public resource. The water legislation (the Water Act, 1976) in Zimbabwe broadly affirms this common law position. Under this system private water is vested in the owner of the land on which it is found and its sole and exclusive use belongs to such an owner. All water, that is not private water, is vested in the President and shall not be abstracted, apportioned, controlled, diverted or used than in accordance with the provisions of this Act.1 The basic principle that water is a public resource is a sound one and needs no change. However, not all water is treated as a public resource. The law recognises private and underground water as distinct entities from public water. This shall be expanded later on.

A workshop paper on the Zimbabwe Water Legislation.