Water Services Act, 1997 (Act No. 108 of 1997)

Schedules

Schedule 1 : Water Boards

3. Procedure for nomination and appointment of board members

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(1)The Minister may require a water board to constitute a selection panel to recommend persons for appointment as members of a water board.

 

(2)If the Minister has done so the chief executive of a water board must publish a notice calling for nominations in two media of his or her choice, generally accessed within the water board's service area.

 

(3)A notice must set out, in general terms, at least—
(a)the service area of the water board;
(b)the activities of the water board;
(c)the time commitments reasonably expected from water board members;
(d)the term of office for which the appointments are considered;
(e)the criteria for disqualification as a member;
(f)the requirements with which a nomination must comply;
(g)the closing date for nominations; and
(h)the address to which nominations must be delivered.

 

(4)A copy of the notice must be sent to at least—
(a)every Province within which the whole or any portion of its service area is situated;
(b)every organisation representing municipalities having jurisdiction in the service area;
(c)every other person having a substantial interest in the matter, whom the chief executive of the water board considers ought to be consulted;
(d)every water services authority having jurisdiction in the service area.

 

(5)Every nomination of a person for appointment to a water board must be signed by a proposer and a seconder, none of whom may be the nominee, and must contain the nominee's signed acceptance. No person may nominate or second more than one person.

 

(6)A water board must timeously constitute a selection panel, having regard to race and gender, to make recommendations from nominations received, to the Minister for appointment.

 

(7)The selection panel must consist of—
(a)the chief executive of the board or his or her representative;
(b)a person representing every relevant Province, to be nominated by the Province concerned;
(c)a person representing the Minister, to be nominated by the Minister;
(d)a person of repute and poor standing, residing within the service area, to be nominated by the water board.

 

(8)The selection panel—
(a)must consider all nominations timeously received and sufficiently completed;
(b)may prepare a shortlist of nominees;
(c)may interview all short-listed nominees; and
(d)must, through the chief executive of the water board, make recommendations to the Minister on the appointment of members of the water board.

 

(9)In recommending nominees for appointment the selection panel must consider—
(a)the criteria set out in section 35 of the Act;
(b)the reputation and integrity of the nominees; and
(c)any conflict of interests which the nominees may have.

 

(10)The selection panel—
(a)must, where there are sufficient suitable candidates, recommend more nominees than the number of members which the Minister may wish to appoint;
(b)must motivate each recommendation made; and
(c)may arrange recommendations in order of preference.

 

(11)If the chairperson of a water board has to be appointed, the selection panel must, if there are sufficient suitable candidates—
(a)recommend at least three persons for the position;
(b)motivate each recommendation; and
(c)arrange the recommendations in order of preference.

 

(12)The Minister must, before appointing a person to be a member of a water board, consider any recommendations made by a selection panel.

 

(13)All costs—
(a)relating to the publication of notices; and
(b)incurred by the selection panel,

are for the account of the water board concerned.