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Water Services Act, 1997 (Act No. 108 of 1997)

Chapter I : Introductory Provisions

4. Conditions for provision of water services

 

(1) Water services must be provided in terms of conditions set by the water services provider.

 

(2) These conditions must—
(a) be accessible to the public;
(b) accord with conditions for the provision of water services contained in bylaws made by the water services authority having jurisdiction in the area in question; and
(c) provide for—
(i) the technical conditions of existing or proposed extensions of supply;
(ii) the determination and structure of tariffs;
(iii) the conditions for payment;
(iv) the circumstances under which water services may be limited or discontinued;
(v) procedures for limiting or discontinuing water services; and
(vi) measures to promote water conservation and demand management.

 

(3) Procedures for the limitation or discontinuation of water services must—
(a) be fair and equitable;
(b) provide for reasonable notice of intention to limit or discontinue water services and for an opportunity to make representations, unless—
(i) other consumers would be prejudiced;
(ii) there is an emergency situation; or
(iii) the consumer has interfered with a limited or discontinued service; and
(c) not result in a person being denied access to basic water services for non-payment, where that person proves, to the satisfaction of the relevant water services authority, that he or she is unable to pay for basic services.

 

(4) Every person who uses water services provided by a water services provider does so subject to any applicable condition set by that water services provider.

 

(5) Where one water services institution provides water services to another water services institution, it may not limit or discontinue those services for reasons of non-payment, unless it has given at least 30 days' notice in writing of its intention to limit water services or 60 days' notice in writing of its intention to discontinue those water services to—
(a) the other water services institution;
(b) the relevant Province; and
(c) the Minister.