South African National Water Resources Infrastructure Agency SOC Limited Act, 2024 (Act No. 34 of 2024)Chapter 7 : Powers of Minister46. Intervention by Minister |
| (1) | Subject to subsection (2), the Minister may direct the Agency to take any action specified by the Minister, if the Agency— |
| (a) | has failed to comply with any law or any policy envisaged in this Act; |
| (b) | is in financial difficulty or is being mismanaged; |
| (c) | has failed to perform its functions effectively; |
| (d) | has failed to comply with any directive given by the Minister under this Act or in the shareholder’s compact; or |
| (e) | has obstructed the Minister, or a person authorised by the Minister, in performing a function in terms of this Act. |
| (2) | A directive contemplated in subsection (1) must— |
| (a) | be in writing; |
| (b) | state the nature of the deficiency; |
| (c) | state the steps that must be taken to remedy the situation; and |
| (d) | specify a reasonable period within which those steps must be taken. |
| (3) | If the Agency fails to remedy the situation within the period specified in the directive contemplated in subsection (2), the Minister, with the approval of the Minister of Finance, may appoint an administrator— |
| (a) | after having given the Agency a reasonable opportunity to be heard; and |
| (b) | after having afforded the Agency a hearing on any submissions received. |
| (4) | If the Minister appoints an administrator— |
| (a) | the administrator may do anything that the Agency is authorised or required to do in terms of this Act, to the exclusion of the Agency; |
| (b) | the Board may not, while the administrator performs any function, perform that function; |
| (c) | an employee or a contractor of the Agency must comply with a directive given by the Minister or the administrator; and |
| (e) | the Minister or the administrator may recover from the Agency all reasonable costs incurred that are related to the appointment of and performance of functions by the administrator. |
| (5) | The Minister must— |
| (a) | Regularly review the progress of the administrator in remedying the situation that gave rise to the appointment of the administrator; and |
| (b) | within six months of appointing the administrator, table a report on his or her findings in the National Assembly. |
| (6) | Once the Minister is satisfied that the Agency is able to perform its functions effectively, the Minister, with the approval of the Minister of Finance, must terminate the appointment of the administrator. |
(7)
| (a) | Despite anything contained in this Act, but subject to paragraph (b), the Minister may dissolve the Board if the Minister, on good cause shown, loses confidence in the ability of the Board to perform its functions effectively and efficiently. |
| (b) | The Minister may dissolve the Board only— |
| (i) | after having given the Board a reasonable opportunity to be heard; and |
| (ii) | after having afforded the Board a hearing on any submissions received from the Board. |
| (c) | If the Minister dissolves the Board, the Minister— |
| (i) | may appoint an administrator to take over the functions of the Board and to do anything which the Board might otherwise be empowered or required to do by or under this Act, subject to such conditions as the Minister may determine; and |
| (ii) | must, as soon as it is feasible but not later than three months after the dissolution of the Board, replace the members of the Board in the same way as the way in which they were appointed. |
(8)
| (a) | The costs associated with the appointment of an administrator must be for the account of the Agency. |
| (b) | The appointment of the administrator terminates when the Board members have assumed office. |
| (9) | Despite this section, the Minister retains the right at any time to approach a competent court for relief in any matter that he or she considers appropriate in furtherance of the objects of this Act. |