| 1. |
Terms of office of members |
| (1) |
A member of the Water Tribunal is appointed for a period of office determined by the Minister, which may not exceed four years. |
| (2) |
A member may be re-appointed. |
| 2. |
Disqualification of members |
No person may hold office as a member of the Water Tribunal—
| (a) |
if that person is an unrehabilitated insolvent; or |
| (b) |
if that person has been convicted of any offence involving dishonesty or has been sentenced to imprisonment without the option of a fine. A disqualification under this subitem ends three years after the sentence has been served. |
| 3. |
Nominations for appointment to Water Tribunal |
| (1) |
Whenever necessary, the Minister must— |
| (a) |
publish a notice in the Gazette calling for nominations for appointment to the Water Tribunal; and |
| (b) |
consider what further steps, if any, are appropriate to bring the contents of the notice to the attention of interested persons, and take those steps which he or she considers to be appropriate. |
| (2) |
A notice in terms of subitem (1) must set out, in general terms, at least— |
| (a) |
the activities of the Tribunal; |
| (b) |
the time commitments reasonably expected from members of the Tribunal; |
| (c) |
the term of office for which appointments will be considered; |
| (d) |
the criteria for disqualification as a member; |
| (e) |
the requirements with which a nomination must comply; |
| (f) |
the date by which nominations must be submitted, which may not be earlier than 30 days after publication of the notice; and |
| (g) |
the address to which nominations must be sent. |
| (3) |
Every nomination of a person for appointment to the Tribunal must be signed by a proposer and a seconder, neither of whom may be the nominee, and must contain the nominee's signed acceptance. |
| (4) |
Each of the Judicial Service Commission and the Water Research Commission— |
| (a) |
must consider all valid nominations received before the date contemplated in subitem (2)(f); |
| (b) |
may prepare a short list of nominees; |
| (c) |
may interview all short-listed nominees; and |
| (d) |
must, subject to subitem (6), make recommendations to the Minister on the appointment of members of the Tribunal. |
| (5) |
In recommending a nominee for appointment each of the Judicial Service Commission and the Water Research Commission must consider— |
| (b) |
the reputation and integrity of the nominee; and |
| (c) |
any conflict of interests which the nominee may have. |
| (a) |
The Judicial Service Commission must recommend at least two persons qualified in law for appointment as chairperson of the Tribunal. |
| (b) |
The Water Research Commission must recommend persons qualified in water resource management or engineering or with knowledge in related fields, for appointment as deputy chairperson and additional members of the Tribunal. |
| (c) |
The Judicial Service Commission or the Water Research Commission, as the case may be, must recommend two candidates for appointment for every vacancy, including that of chairperson or deputy chairperson, where necessary. |
| (7) |
The Department must pay all costs— |
| (a) |
relating to the publication of notices in terms of subitem (1); and |
| (b) |
incurred by the Judicial Service Commission and the Water Research Commission in the performance of their tasks. |
| 4. |
Termination of office of members |
| (1) |
A member of the Water Tribunal ceases to hold office— |
| (a) |
from the effective date of the member's resignation; |
| (b) |
if the member is absent without leave from the chairperson on two consecutive sittings of the Tribunal at which the member's presence is required. Leave may be granted retrospectively if the absence of the member was due to unforeseen circumstances; |
| (c) |
if the member has become disqualified in terms of item 2; |
| (d) |
if the member has been declared to be of unsound mind by a competent authority; or |
| (e) |
if the member's appointment has been terminated in terms of section 146 of the Act. |
| (2) |
A member who is not the chairperson must notify the chairperson of his or her resignation. The chairperson must notify the Minister of his or her own resignation and the resignation of any other member. |
Contingency Fees Act, 1997
