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Water Sector Policy Database (WSPD)

Policy Detail Information
Policy Name: Water Services Act 108 of 1997

Open Policy Document Open Policy Document
This document has been opened: 1 075 times to date.
Date Of Release: 19 Dec 1997
Date Of Expected Review: 01 Sep 2004
Date Last Updated: 15 Feb 2007
Policy Type: Existing legislation
Policy Level: National
Department: Department of Water Affairs: Water Services Policy and Strategy
Contact Name: Mbentse Bekubuhle / Ndlovu Siboniso
Phone Number: 012 336 7451 / 336 7391
Fax Number: 012 336 6560
Email: /
Directorate: Water Services Policy & Strategy
Contact Name: Ngobeni Selina
Phone Number: (012) 336 8129
Fax Number: (012) 336 6560
Topics covered:
Water Legislations
Policy Precis:

To provide for the rights of access to basic water supply and basic sanitation; to
provide for the setting of national standards and of norms and standards for
tariffs; to provide for water services development plans; to provide a regulatory
framework for water services institutions and water services intermediaries; to
provide for the establishment and disestablishment of water boards and water
services committees and their powers and duties; to provide for the monitoring of
water services and intervention by the Minister or by the relevant Province; to
provide for financial assistance to water services institutions; to provide for certain
general powers of the Minister; to provide for the gathering of information in a
national information system and the distribution of that information; to repeal
certain laws; and to provide for matters connected therewith.

Section Summary

  Section Number Section Heading Section Description
CHAPTER 01 Introductory provisions Definitions; Main objects of Act; Right of access to basic water supply and basic sanitation; Conditions for provision of water services; Provision of basic water supply and basic sanitation to have preference; Access to water services through nominated water services provider; Industrial use of water; Approvals and appeal
CHAPTER 02 Standards and tariffs Standards; Norms and standards for tariffs
CHAPTER 03 Water services authorities Duty to provide access to water services; Duty to prepare draft water services development plan; Contents of draft water services development plan; Draft water services development plan; Adoption of development plan; New development plan; Deviation from development plan; Reporting on implementation of development plan; Contracts and joint ventures with water services providers; Water services authority acting as water services provider; Bylaws
CHAPTER 04 Water services providers Approval to operate as water services provider; Water services provider must give information
CHAPTER 05 Water services intermediaries Registration of water services intermediaries; Duties of water services intermediaries; Default by water services intermediaries; Monitoring performance of water services providers and water services intermediaries
CHAPTER 06 Water boards Establishment and disestablishment of water boards; Primary activity of water boards; Other activities of water boards; Powers of water boards; Duties of water boards; Conditions for provision of services; Parameters for functions of water board; Governance of water boards; Chief executive of water boards; Delegation of powers; Duties of water board and members; Policy statement; Business plan; Directives to water boards; Different activities to be managed as separate units; Financial matters and accounts; Reporting; Investigation of affairs and financial position; Assets and liabilities upon disestablishment; Litigation against water board; Formal irregularities; Regulations; Effect of inclusion of Chapter in Act
CHAPTER 07 Water services committees Establishment and disestablishment of water services committees; Function of water services committees; Powers of water services committees; Conditions for provision of services; Governance of water services committees; Duties of committee members; Financial matters and accounts; Formal irregularities; Provision of information; Assets and liabilities upon disestablishment; Regulations
CHAPTER 08 Monitoring and intervention Monitoring of water services institutions; Intervention
CHAPTER 09 Financial assistance to water services institutions Powers of Minister; Applications for financial assistance; Regulations on financial assistance
CHAPTER 10 National information system Establishment of national information system; Purpose of national information system; Provision of information; Funding of national information system
CHAPTER 11 General powers and duties of Minister Procedure for making regulations
Consultation by Minister
Procedure for making regulations; Consultation by Minister; General powers of Minister; Delegation of powers; Scrutinizing of draft regulations; Advisory committees
CHAPTER 12 General provisions Transferability of servitudes; Compliance with other laws; Ownership of water services works; Entry and inspection of property; Expropriation; Offences; State bound by Act; Repeal of laws. and savings; Short title

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