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

Chapter V : Water Services Intermediaries

26. Default by water services intermediaries

 

(1) If a water services intermediary fails to perform its functions effectively, the water services authority having jurisdiction in the area in question may direct the water services intermediary to rectify its failure.

 

(2) A direction in terms of subsection (1) must set out—
(a) the nature of the failure;
(b) the steps which must be taken to rectify the failure; and
(c) a reasonable period within which those steps must be taken.

 

(3) If the water services intermediary fails to rectify its failure within that period, the water services authority may—
(a) after having given the water services intermediary a reasonable opportunity to make written submissions to it; and
(b) after having afforded the water services intermediary a hearing on any submissions received,

take over the relevant functions of the water services intermediary.

 

(4) Where a water services authority takes over any functions in terms of subsection (3)—
(a) it may exercise all relevant powers and perform all relevant duties on behalf of the water services intermediary to the exclusion of the water services intermediary; and
(b) it may use the infrastructure of the water services intermediary to the extent necessary to perform those functions.

 

(5) A water services authority may appoint another water services institution to act on its behalf in performing the functions of a water services intermediary in terms of subsection (4).

 

(6) As soon as a water services intermediary is in a position to resume its functions effectively, the water services authority must stop exercising the powers and performing the duties on the intermediary's behalf.

 

(7) A water services authority map recover from a water services intermediary—
(a) all outstanding expenses which it incurred; and
(b) all losses which it suffered,

as a result of having acted in terms of this section.

 

(8) The procedure set out in subsection (3) need not be followed in an emergency situation.

 

 


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