A contract must provide for—
| (a) |
the duration of the contract, which may not exceed a maximum of 30 years calculated from the date of signature of the contract; |
| (b) |
the manner and means by which the contract will be reviewed as part of the Integrated Development Planning process required in terms of Chapter 5 of the Local Government: Municipal Systems Act; |
| (c) |
a procedure for earlier termination of the contract; |
| (d) |
notification by an aggrieved party to the other party of any breach of contract within a specified period and the legal remedies available to the aggrieved party where such breach of contract is not rectified within the period stated by the aggrieved party in its notification to the other party; |
| (e) |
a procedure upon the termination of the contract— |
| (i) |
for the efficient and orderly return of the water services works and any other assets, rights and obligations held by the water services provider under the contract, to the water services authority; and |
| (ii) |
for the settlement of all outstanding debts between the parties; |
| (f) |
the effect on the contractual rights and obligations of the parties in the event of force majeure; |
| (g) |
a procedure, should clearly prescribed circumstances have changed materially— |
| (i) |
for effecting an amendment to tariffs, remuneration or a modification of levels of service or standards of service; and |
| (ii) |
that includes public disclosure of the amendments or modifications contemplated in subparagraph (i); and |
| (h) |
any specified penalties which may be applied by either party for non-performance. |
Public Service Commission Act, 1997
