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

Regulations

Water Services Provider Contract Regulations

1. Definitions

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In these Regulations any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context indicates otherwise—

 

"contract"

means an agreement or renegotiated agreement in writing between a water services authority and a water services provider in terms of which the water services provider is to provide water services with or without capital investment;

 

"contract area"

means the area within the jurisdictional boundaries of the water services authority or such other area as may be defined by a water services authority in which the water services are to be rendered by a water services provider;

 

"corrupt action"

means the following—

(a)giving or accepting any undue payment, bribe, gift gratuity or any other undue benefit in exchange for performing or forbearing to perform any action in connection with a contract; and
(b)solicitation, offering, participation, conspiracy and attempt to bring about the circumstances mentioned in subregulation (a).

 

"employment law"

includes, but is not limited to, any provision of the following Acts—

(a)Unemployment Insurance Act, 1966 (Act No. 30 of 1966);
(b)Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);
(c)Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);
(d)Labour Relations Act, 1995 (Act No. 66 of 1995);
(e)Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997); and
(f)Skills Development Act, 1998 (Act No. 97 of 1998);

 

"levels of service"

means the various methods and quantities, where applicable, for the provision of water services to consumers;

 

"Local Government: Municipal Systems Act"

means the Local Government : Municipal Systems Act, 2000 (Act No. 32 of 2000);

 

"publish"

means the dissemination, through media such as newspapers and radio, of information among consumers taking into account—

(A)language preferences and usage in the contract area; and
(b)the special needs of people who cannot read or write and of other disadvantaged groups;

 

"standards of service"

means the operational performance of the services as measured against the relevant compulsory national norms and standards as contemplated in section 9 of the Act, as well as any additional standards specifically provided for in the contract; and

 

"the Act"

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