WATER SUPPLY AND SANITATION ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
NATIONAL WATER SUPPLY AND SANITATION COUNCIL

   3.   Establishment of council

   4.   Functions of council

   5.   General powers of council

   6.   Technical Advisory Committee

   7.   Director and Deputy Director

   8.   Secretary and other staff of council

PART III
WATER SUPPLY AND SANITATION UTILITES

   9.   Incorporation of utilities as companies

   10.   Obligation to supply water and sanitation services

PART IV
LICENSING OF UTILITITES AND SERVICE PROVIDERS

   11.   Licensing of utilities and service providers

   12.   Application for license

   13.   Issue of license

   14.   Refusal to issue license

   15.   Appeal from decision of Council

   16.   Conditions of license

   17.   Failure to commence operations

   18.   Transfer of license

   19.   Amendment of license

   20.   Enforcement notices

   21.   Suspension or cancellation of license

   22.   Register of utilities and service providers

PART V
POWERS OF UTILITIES AND SERVICE PROVIDERS

   23.   Acquisition of land for water supply or sanitation purposes

   24.   Powers to execute works and consultation by developer

   25.   Powers to cut into streets

   26.   Powers to reduce levels of service

   27.   Powers to establish and maintain easements

   28.   Rights of entry

   29.   Compensation for damage in the exercise of powers

   30.   Maintenance of water and sewage supply lines

   31.   Prohibition of certain activities relating to facilities

   32.   Rights over private facilities

PART VI
INSPECTIONS

   33.   Appointment of inspectors

   34.   Powers of inspectors

   35.   Duty of inspector to report to council

PART VII
MISCELLANEOUS

   36.   Appeals

   37.   Monetary penalties

   38.   General penalty

   39.   Regulations and by-laws

   40.   Transitional provisions

      SCHEDULE

AN ACT

to establish the National Water Supply and Sanitation Council and define its functions; to provide for the establishment, by local authorities, of water supply and sanitation utilities; to provide for the efficient and sustainable supply of water and sanitation services under the general regulation of the National Water Supply and Sanitation Council; and to provide for matters connected with or incidental to the foregoing.

[14th November, 1997]

Act 28 of 1997,

Act 10 of 2005.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Water Supply and Sanitation Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“Chairperson” means the person elected Chairperson of the council under paragraph 2 of Part I of the Schedule;

“consumer” means a direct beneficiary of water supply or sanitation services;

“council” means the National Water Supply and Sanitation Council established under section 3;

“Deputy Director” means the person appointed Deputy Director of the Council under section 7;

“Director” means the person appointed Director of the Council under section 7;

“facilities” means all structures, systems, pipes, appurtenances and any plant and equipment, whether located on private or public premises or on private or public land, necessary to provide water supply or sanitation services by any person providing the service, or which is used by any consumer of water supply or sanitation services;

“local authority” means a council established under the Local Government Act;

“sanitation services” means—

      (a)   the disposal, on-site or off-site, of human excreta;

      (b)   the collection of sewage, excluding untreated toxic waste and storm water, from residential, commercial or industrial sources; or

      (c)   the treatment and disposal of waste water in accordance with this Act and the standards established under the Standards Act, the Public Health Act, the Environmental Protection and Pollution Control Act or any other written law;

“secretary” means the person appointed secretary of the council under section 8;

“service provider” means any person who provides water supply or sanitation services;

“sewage” means soil water, waste water or manufacturing or trade effluent;

“utility” means a water supply and sanitation utility established by a local authority in accordance with section 9; and

“Vice-Chairperson” means the person elected Vice-Chairperson of the council under paragraph 2 of Part I of the Schedule.

PART II
NATIONAL WATER SUPPLY AND SANITATION COUNCIL

3.   Establishment of council

   (1) There is hereby established the National Water Supply and Sanitation Council which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and with power, subject to this Act, to do all such acts and things as a body corporate may by law do or perform.

   (2) The Schedule shall apply to the council.

4.   Functions of council

   (1) Subject to the other provisions of this Act, the functions of the council shall be to do all such things as are necessary to regulate the provisions of water supply and sanitation services.

   (2) Without prejudice to the generality of sub-section (1), the functions of the council shall be to—

      (a)   advise the Government on water supply and sanitation matters;

      (b)   advise local authorities on commercially viable institutional arrangement for the provision of water supply and sanitation services;

      (c)   license utilities and other services providers as well as other activities relating to the provision of water.

      (d)   develop guidelines for—

      (i)   the provision of water supply and sanitation services;

      (ii)   the establishment of water supply and sanitation utilities;

      (iii)   the technical and financial management of utilities; and

      (iv)   the setting of tariffs for the provision of water supply and sanitation services;

      (e)   establish and enforce standards for;

      (f)   advise utilities and other services providers on procedures for handling complaints from consumers;

      (g)   disseminate information to consumers on matters relating to water supply and sanitation services; and

      (h)   carry out any other activities relating to the regulations of water supply or sanitation services which are necessary or conductive to the better performance of its functions under this Act.

5.   General powers of council

The council may direct any utility or service provider to—

      (a)   take such action as may be necessary or expedient to enable the Government to comply with any international agreement to which the Government is a party;

      (b)   deliver its services in such a manner as shall ensure compliance with this Act; or

      (c)   submit such information and records as are necessary to enable the council to monitor the performance of such utility or service provider.

6.   Technical Advisory committee

   (1) The council shall constitute a Technical Advisory Committee whose members shall be experts in fields relevant to the provisions of water supply or sanitation services.

   (2) Subject to sub-section (1), the council shall appoint three persons from the public sector and four persons from the private sector as members of the Technical Advisory Committee on such terms and conditions as the council may determine.

   (3) The functions of the Technical Advisory Committee shall be to advise the council on—

      (a)   the formulation of policies, standards, guidelines and regulations relating to the provision of water supply or sanitation services;

      (b)   water conservation efficiency, sustainability of water use and waste water re-use; and

      (c)   any other matter referred to it by the council.

7.   Director and Deputy Director

   (1) The council shall appoint, on such terms and conditions as it may determine, a Director who shall be the chief executive officer of the council and who, subject to the control of the council, shall be responsible for the administration of the affairs of the council.

   (2) The council may delegate to the Director, subject to any specific or general conditions that the council may impose, such functions of the council, under this Act, as are necessary to enable the directors transact the day-to-day business of the council.

   (3) The council may appoint a Deputy Director who shall assist the Director in performance of the Director’s functions under this Act.

   (4) The Deputy Director shall discharge the functions of the Director whenever there is a vacancy in the office of Director or if the Director is absent for any other cause.

   (5) The Director, or in the Director’s absence the Deputy Director, shall attend meetings of the council and may attend meetings of any committee established by the council, and may address such meetings, but shall not vote on any matter:

Provided that the person presiding at a meeting may, for good cause, require the Director or Deputy Director, as the case may be, to withdraw from the meeting.

   (6) The provisions of paragraph 6 of the Schedule shall apply with the necessary modifications, to the Director and the Deputy Director.

8.   Secretary and other staff of council

   (1) There shall be a Secretary to the council who shall be appointed by the council on such terms and conditions as the council shall determine.

   (2) The Secretary shall be responsible, under the general supervision of the Director, for the administration of the day-to-day affairs of the council.

   (3) The council may appoint, on such terms and conditions as the council may determine, such other staff as it considers necessary for the performance of its functions under this Act.

PART III
WATER SUPPLY AND SANITATION UTILITIES

9.   Incorporation of utilities as companies

   (1) A local authority may resolve to establish a water supply and sanitation utility as a company under the Companies Act as follows—

      (a)   as a public or private company;

      (b)   as a joint venture with an individual or with any private or public company;

      (c)   as a joint venture with another local authority or several other local authorities:

Provided that the majority shares shall be held by the local authority.

   (2) The articles of a utility incorporated in accordance with sub-section (1) shall state that the utility’s primary business is to provide water supply and sanitation services.

10.   Obligations to provide water supply and sanitaion services

   (1) Notwithstanding any other law to the contrary and subject to the other provisions of this Act, a local authority shall provide water supply and sanitation services to the area falling under its jurisdiction, except in any area where a person provides such services solely for that person’s own benefit or a utility or a service provider is providing such services.

   (2) Notwithstanding sub-section (1) and any other law to the contrary, and subject to the other provisions of this Act, where a local authority is unable, for whatever reason, to supply water and sanitation services to a locality within its jurisdiction, and no such services are being provided by any service provider, the local authority may contract any person or other service provider to do so.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.