Water Services Act, 1997 (Act No. 108 of 1997)Chapter III : Water Services Authorities11. Duty to provide access to water services |
| (1) | Every water services authority has a duty to all consumers or potential consumers in its area of jurisdiction to progressively ensure efficient, affordable, economical and sustainable access to water services. |
| (2) | This duty is subject to— |
| (a) | the availability of resources; |
| (b) | the need for an equitable allocation of resources to all consumers and potential consumers within the authority's area of jurisdiction; |
| (c) | the need to regulate access to water services in an equitable way; |
| (d) | the duty of consumers to pay reasonable charges, which must be in accordance with any prescribed norms and standards for tariffs for water services; |
| (e) | the duty to conserve water resources; |
| (f) | the natural topography, zoning and situation of the land in question; and |
| (g) | the right of the relevant water services authority to limit or discontinue the provision of water services if there is a failure to comply with reasonable conditions set for the provision of such services. |
| (3) | In ensuring access to water services, a water services authority must take into account, among other factors— |
| (a) | alternative ways of providing access to water services; |
| (b) | the need for regional efficiency; |
| (c) | the need to achieve benefit of scale; |
| (d) | the need for low costs; |
| (e) | the requirements of equity; and |
| (f) | the availability of resources from neighbouring water services authorities. |
| (4) | A water services authority may not unreasonably refuse or fail to give access to water services to a consumer or potential consumer in its area of jurisdiction. |
| (5) | In emergency situations a water services authority must take reasonable steps to provide basic water supply and basic sanitation services to any person within its area of jurisdiction and may do so at the cost of that authority. |
| (6) | A water services authority may impose reasonable limitations on the use of water services. |