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

Chapter VI : Water Boards

46. Assets and liabilities upon disestablishment

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(1)If the Minister, after consultation in terms of section 28, has notified a water board that he or she intends—
(a)to change its service area; or
(b)to disestablish it,

the Minister may direct that water board to transfer some or all of its assets and liabilities to another water board or water services authority.

 

(2)A water board must do everything within its power to give effect to that direction.

 

(3)Upon the disestablishment of any water board and if its assets and liabilities are not transferred to another water board or a water services authority—
(a)its assets and liabilities vest in the Minister;
(b)the Minister must wind up its affairs; and
(c)the Minister must assume the functions of the water board for the period of winding up.

 

(4)In exercising his or her powers under subsection (1), the Minister must have regard to—
(a)the interests of creditors and consumers; and
(b)any financial contributions directly or indirectly made by consumers towards the infrastructure of the water board.

 

(5)Subject to the approval of the Minister of Finance, no transfer duty, other tax or duty is payable in respect of the transfer of any assets—
(a)from the Minister to a water board or a water services authority;
(b)from a water board to the Minister; or
(c)from a water board to another water board or to a water services authority.