Water Supply and Sanitation Services Act, 2026 (Act No. 13 of 2026).

This Act, comprising 68 sections organized into 10 Parts, regulates water supply and sanitation services in accordance with principles that promote environmental protection and the sustainable use of water resources, safeguard public health through safe sanitation, protect consumer interests by encouraging public participation in decision-making, ensure affordable, reliable, and sustainable water supply and sanitation services, support cost recovery for service provision, encourage public-private partnerships, and foster multi-stakeholder collaboration to strengthen water stewardship. The Act assigns local authorities primary responsibility for ensuring the provision of water supply and sanitation services within their jurisdiction through an established utility. They are empowered to adopt by-laws to support the efficient and sustainable delivery of these services and may delegate enforcement of such by-laws to utilities or other service providers. Local authorities must also collaborate with utilities and relevant regulators to protect water resources and infrastructure by reserving land for water and sanitation facilities, preventing development in protected areas and infrastructure corridors, and ensuring effective waste management. In addition, they are responsible for ensuring that on-site sanitation facilities comply with prescribed standards.
The Act continues the National Water Supply and Sanitation Council and establishes it as the national regulator for water supply and sanitation services. The Council is responsible for licensing utilities, approving tariffs and charges, ensuring public consultation on proposed tariffs, entering into service agreements, advising local authorities and the Minister, monitoring utility performance, setting and enforcing service and management standards, handling consumer complaints, developing regulatory guidelines, disseminating information, and coordinating with government institutions and other regulators. To perform these functions, the Council is empowered to direct utilities to comply with the Act, require the submission of information, impose sanctions for non-compliance, suspend facilities posing risks to public health or the environment, establish consumer watch groups to enhance transparency and accountability, compel compliance with applicable standards, and oversee the management of declared emergencies in collaboration with relevant authorities. The Council is governed by a Board that provides strategic policy direction by approving its policies, budgets, work plans, and financial statements, monitoring its performance, and promoting effective corporate governance.
The Act establishes utilities as entities created by local authorities (alone or jointly) whose primary mandate is the provision of water supply and sanitation services. Utilities must obtain a licence from the Council before operating. The Council is empowered to supervise utilities through licensing, monitoring, enforcement actions, and sanctions, including suspension or cancellation of licences and appointment of statutory managers to ensure continuity of services. Utilities are required to deliver safe water and sanitation services, manage infrastructure, monitor quality standards, propose tariffs for approval, and protect water systems, while also having operational powers such as accessing land, installing infrastructure, regulating supply, and entering agreements. The Law further provides mechanisms for road works, compulsory land acquisition for public service purposes, emergency service adjustments, and controlled rationing during shortages, all subject to regulatory oversight and public health priorities. As for service providers, they may operate only through agreements with utilities to provide water and sanitation services in designated areas. The Council regulates tariffs by setting approval criteria based on cost, investment returns, consumer impact, sustainability, and environmental and health considerations. Developers or service providers are required to use only approved utility tariffs.
Additionally, the Law provides for (i) water supply and sanitation facilities; (ii) appeals against decisions of the Council; (iii) inspections to ensure compliance with the Act; (iv) offences.