17th Century

1652:

~The history of water rights in South Africa can be traced back to the pre-settlement of Europeans in the Cape in 1652. Prior to European Settlement, the water rights were governed by African Customary Law. Needless to say, though, these water rights were not pronounced but were just common knowledge and were also not contested among individuals in a community. They only came up when a community or a tribe felt another tribe or community was unfairly encroaching into its resources to its disadvantage. (ref 5)

~Van Riebeeck established a VOC victualling station in Table Bay, main water supply is Platteklip Stream.(Ref. Timeline:  Water Supply to the City:  The first 300 years – circa)

1655:

First environmental ‘legislation’ – aimed at protecting water supplies from human fouling  (Ref.3)

When man arrives pollution follows.  In 1655 van Riebeeck received a complaint from the VOC that the crew of a ship had been made ill by water taken in at the Cape.  This was a serious indictment, not only on van Riebeeck’s competency, but also of the suitability of the Cape as a victualling station – there was competition from St Helena.  He immediately issued a “plakkaat” – the first South African environmental legislation – to prevent pollution of the water source:  Nobody shall turn sheep into the water, nor wash, nor stir up the water above the flow of the beck and fountain where the ships draw water, neither shall anyone dam or divert the water.  People may wash only at the proper place on the east side of the moat of the Fort.  They may not keep geese nor allow them to swim there.  Nobody may cross the water furrow between the Fort and the Mountain with wagon, cattle, or merely in person other than by the usual places and bridges.”  And significantly: “Everyone of the inhabitants shall clear away the mess dirt and dung heaps in front of their houses”.   (Ref.2)