In 1996, South Africa adopted a new constitution that includes a constitutional right to water and a requirement that the state “take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these rights.” In order to implement this right, South Africa passed legislation, promulgated regulations, and developed a strategic framework. It has made significant progress, but has not yet fulfilled the rights to water and sanitation for an estimated 7-15 percent of the population.

Namibia and South Africa share many ecological, geographical, and historical characteristics, including the challenge of overfishing. While both countries embarked upon legal reform to address the problem, the authors of one study found that Namibia emerged as a “success case.”