Water Services Act, 1997 (Act No. 108 of 1997)Chapter III : Water Services Authorities21. Bylaws |
| (1) | Every water services authority must make bylaws which contain conditions for the provision of water services, and which must provide for at least— |
| (a) | the standard of the services; |
| (b) | the technical conditions of supply, including quality standards, units or standards of measurement, the verification of meters, acceptable limits of error and procedures for the arbitration of disputes relating to the measurement of water services provided; |
| (c) | the installation, alteration, operation, protection and inspection of water services works and consumer installations; |
| (d) | the determination and structure of tariffs in accordance with section 10; |
| (e) | the payment and collection of money due for the water services; |
| (f) | the circumstances under which water services may be limited or discontinued and the procedure for such limitation or discontinuation; and |
| (g) | the prevention of unlawful connections to water services works and the unlawful or wasteful use of water. |
| (2) | Conditions under which water services are provided— |
| (a) | may place limits on the areas to which water services will be provided according to the nature, topography, zoning and situation of the land in question; |
| (b) | may provide for the limitation or discontinuation of water services where a consumer fails to meet his or her obligations to the water services provider, including— |
| (i) | a failure to pay for services; or |
| (ii) | a failure to meet other conditions for the provision of services; |
| (c) | may place an obligation on a payment defaulter— |
| (i) | to pay a higher deposit; |
| (ii) | to pay a reconnection fee after disconnection of water services; |
| (d) | may require a payment defaulter to pay a higher tariff for water services, where that defaulter gains access to water services through a communal water services work and the provision thereof cannot be disconnected or limited without other consumers being prejudiced; |
| (e) | may provide for the general limitation or discontinuation of water services where— |
| (i) | national disasters cause disruptions in the provision of services; or |
| (ii) | sufficient water is not available for any other reason; |
| (f) | may include an option to retain limited access to at least basic water supply or basic sanitation for a consumer whose water services are to be discontinued; and |
| (g) | must be accessible to consumers and potential consumers. |
| (3) | A water services authority which— |
| (a) | provides water for industrial use; or |
| (b) | controls a system through which industrial effluent is disposed of, must make bylaws providing for at least— |
| (i) | the standards of service; |
| (ii) | the technical conditions of provision and disposal; |
| (iii) | the determination and structure of tariffs; |
| (iv) | the payment and collection of money due; and |
| (v) | the circumstances under which the provision and disposal may be limited or prohibited. |
| (4) | The Minister may provide model bylaws to be used as a guide for water services authorities. |