| (1) |
If a water services authority has not effectively performed any function imposed on it by or under this Act, the Minister may, in consultation with the Minister for Provincial Affairs and Constitutional Development, request the relevant Province to intervene in terms of section 139 of the Constitution. |
| (2) |
If, within a reasonable time after the request, the Province— |
| (a) |
has unjustifiably failed to intervene; or |
| (b) |
has intervened but has failed to do so effectively, |
the Minister may assume responsibility for that function to the extent necessary—
| (i) |
to maintain essential national standards; |
| (ii) |
to meet established minimum standards for providing services; or |
| (iii) |
to prevent that Province from taking unreasonable action that is prejudicial to the interests of another province or the country as a whole. |
| (3) |
If the Minister assumes responsibility for any function of a water services authority in terms of subsection (2)— |
| (a) |
the Minister must table a notice to that effect in the National Council of Provinces within 14 days of the commencement of its first sitting after the Minister has assumed responsibility for that function; |
| (b) |
the assumption of responsibility for that function must end if it is not approved by the National Council of Provinces within 30 days after the commencement of its first sitting after the Minister has assumed responsibility for that function; and |
| (c) |
the National Council of Provinces must regularly review that assumption of responsibility and make appropriate recommendations to the Minister. |
| (4) |
After assuming responsibility for a function under subsection (2), the Minister may issue a directive to the water services authority to perform that function effectively. |
| (5) |
If the water services authority fails to comply with that directive, the Minister may intervene— |
| (a) |
by taking appropriate steps to facilitate the performance of that function, including giving financial, managerial and technical advice and assistance; or |
| (b) |
on notice to the water services authority, by taking over that function. |
| (6) |
If the Minister takes over any function of a water services authority— |
| (a) |
the Minister must table a notice to that effect in the National Council of Provinces within 14 days of the commencement of its first sitting after taking over that function; |
| (b) |
the Minister may, on behalf of that water services authority, exercise all the powers and carry out all the duties relating to that function; |
| (c) |
the governing body of that water services authority may not, while the Minister is responsible for that function, exercise any of its powers or carry out any of its duties relating to that function; |
| (d) |
the Minister may utilise all financial and other resources available to that water services authority relating to that function; |
| (f) |
the take-over of that function must end— |
| (i) |
if it is not approved by the National Council of Provinces within 30 days after the commencement of its first sitting after the take-over; or |
| (ii) |
when the water services authority is in a position to resume that function effectively. |
| (7) |
The National Council of Provinces may from time to time review the take-over of any function of a water services authority by the Minister and make appropriate recommendations to the Minister. |
| (8) |
Any expenses incurred or losses suffered by the Minister in taking over any function of a water services authority may be recovered from that water services authority. |
| (9) |
In the interests of co-operative government, a Province must immediately inform the Minister of its intention to intervene by taking over any function of a water services authority under section 139 of the Constitution. |
| (10) |
In considering the manner and implementation of any intervention under this section, the Minister must consider— |
| (a) |
the reasons for the extent and the period of non-compliance by the water services authority concerned; |
| (b) |
the attempts made to achieve compliance; |
| (c) |
the effect of the non-compliance; and |
| (d) |
any other relevant matter. |
Public Service Commission Act, 1997
