Water and Sanitation

Infra Law brings deep, hands-on experience to some of Africa’s most ambitious water and sanitation initiatives. Our work spans the full spectrum of the sector—from raw water abstraction and treatment, bulk water supply and wastewater treatment to institutional reform, basin-level governance, and innovative PPP models that unlock sustainable service delivery. We understand the commercial, regulatory, and political realities that shape water projects on the continent, and we help clients navigate them with clarity and confidence.

We have acted for all principal stakeholders in the sector, including public authorities, regulators, bidders, project companies, contractors, operators, and funders. This breadth of experience gives us a 360-degree view of the commercial, institutional, and statutory dynamics that shape water projects across Africa.

Regulatory and Institutional Expertise

We advise on the regulatory frameworks governing water undertakings and project companies, and we regularly assist clients in navigating and unblocking institutional or statutory constraints that impede project bankability. Working closely with local counsel, we support clients on:

Institutional arrangements and governance for water provision and water sanitation
Property rights and land acquisition
Environmental Authorisations and compliance
Economic regulation and tariff frameworks

Our work spans all technologies, including seawater desalination, bulk water treatment facilities, and hydropower linked water infrastructure.

Sanitation and Water Reuse

Infra Law has advised on sanitation projects across Africa, including sewage treatment plants procured through PPP models. Our experience extends to innovative water reuse PPPs, where large industrial offtakers cross-subsidise the cost of potable water supplied to water services authorities—unlocking financially sustainable solutions for municipalities and industry alike.

Non Revenue Water and Performance Based Contracting

We support clients implementing non-revenue water (NRW) programmes, including drafting and negotiating the performance-based contracts that underpin successful NRW models. Our work helps utilities reduce losses, improve operational efficiency, and strengthen long-term financial resilience.

Selected Water and Sanitation Experience

Our experience is grounded in real projects with real impact.

In South Africa, supporting the advisory arm of an international finance institution on the eThekwini Metropolitan Municipality’s Umdloti and Umhlatuze Sewage Treatment Plants PPP—two landmark wastewater projects that will set a new benchmark for municipal PPPs in South Africa.
In Kenya, advised an international sponsor respect of its participation in an unsolicited bid proposal for the Naivasha Bulk Water Supply PPP, helping The Kenyan Government to secure long-term water resilience for one of the country’s most important economic hubs.
in respect of assisting municipal entities:
- Advised the Rustenburg Water Services Trust on a major upgrade of the municipality’s water and sanitation infrastructure, including the development of three new water treatment plants, commercial lender financing, and off-take arrangements with local mining companies.
- Provided regulatory and contractual support to a developer partnering with eThekwini Municipality to deliver a sludge pelletising plant through a PPP model—an innovative approach to waste management and resource recovery.
- Advised a local municipality on the establishment of a new municipal entity responsible for water services and sanitation
- Advised a municipal entity responsible for water and sanitation on drafting and negotiating a comprehensive water services agreement between itself as the water service provider and its parent municipality as the water services authority, Sandspruit as water services provider, and the relevant water board
Acted as international legal counsel to the Permanent Okavango River Basin Water Commission (OKACOM), on the establishment of an endowment fund for the Cubango-Okavango River Basin—strengthening long-term transboundary water governance and conservation in one of Africa’s most ecologically significant regions.

Across every mandate, our focus remains the same: enabling sustainable, bankable, and resilient water and sanitation solutions that serve communities, industry, and the environment.

Water and Sanitation