Where new policies have been adopted they may not be supported by the necessary strategies or legislation to achieve them. Conflict with laws in other sectors may affect the ability of a service provider to deliver services to some sections of the community.

(More information is required on the legislation creating utilities, some examples of the enabling legislation and areas of responsibility.)

Legislation may become out of date quickly if it becomes too specific and it is important to obtain the correct balance between legislation and regulation. This is especially true for services to the low income urban areas where the rapidly changing circumstances may require the regulations to be adjusted from time to time. It is much easier to adjust regulations than to ask parliament to change the legislation.

Legal obstacles are sometimes claimed as impediments to delivery of service when in fact this is more a matter of interpretation of the legislation.
 

Legislative reform may be a long process and the motivation to change legislation must be driven by very clear objectives. Be clear on the principles intended to be achieved by the legislation rather than focus on the wording which can be finalised later by a legal expert. Very often changes to policy may be accommodated within the existing legislation using existing institutional structures but requiring changes in the regulations. This usually requires a leadership that looks for ‘what is not strictly prohibited’ under the legislation rather than a leadership looking for ‘what is specifically allowed’. Strategies that embrace privatisation or commercialisation and improved regulation may require changes to the law to enable the changed allocation of responsibilities and also the new institutional arrangements.
 

Review the legislation to enable or facilitate the necessary institutional reforms and other provisions which not only enable but also assure water and sanitation services to the low income urban communities.
 

Review legislation to enable services to the poor. The following examples may be achieved through legislative reform or regulations and depend upon the specific strategy adopted and legislation prevailing.

• Require service providers to ensure a basic (lifeline) service is available to all urban residents
• Recognise and enable alternative water supply and sanitation service providers that tailor their services to the special needs of low income urban areas,
• Discourage monopolistic behaviour (exclusivity), promote competition among the various service providers,
• Clarify ownership of assets for community based schemes and address legality of community organisations,
• Provide a framework for investments in public services to be made by other service providers,
• Encourage innovation in technical service standards to improve service delivery in complex areas.

• Sample Acts: South Africa, Zambia
  See also Case Examples: Legal reform, e.g. Zambia and South Africa