Water Services Corporation Act, 1992
Act 12 of 1992
- Assented to on 15 October 1992
- Commenced on 1 August 1994
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Water Services Corporation Act, 1992.
2. InterpretationIn this Act, unless the context otherwise requires:“area for which the Corporation is responsible” means an area specified in the Schedule to this Act or any amendment thereof by the Minister under section 14;“abstracting” where it relates to water, means abstracting water by means of waterworks;(a)the supply of potable or industrial water; or(b)the collection, treatment and disposal of waste water;“Board” means the Board of Directors established in terms of section 4;“case of emergency” with reference to a right of entry conferred under this Act on or into land or premises, means a case in which the person requiring entry on or into the land or premises in question has reasonable cause to believe that circumstances exist which are likely to endanger life or property, and that immediate entry is necessary to verify the existence of those circumstances or to ascertain their cause or to effect a remedy;“conduit” means a structure above or underground used to convey water, sewerage or waste water;“consumer” means a person provided or entitled to be provided with water or sewerage services by the Corporation;“Corporation” means the Water Services Corporation established under section 3;“financial year” means the period from the 1st April in one year to the 31st March in the following year and in respect of the first accounting period it shall be the period, whether shorter or longer than twelve months as the Corporation may determine;“Minister” means the Minister responsible for Water Services Corporation;“minor works” means works executed solely for the purpose of erecting or placing pipelines (not being works which relate to the placing or intended placing of a pipeline or part of a pipeline for a continuous length of one hundred metres or more in a public road) or works executed solely for the purpose of maintaining, repairing, or altering pipelines of plant;“owner” means:(a)the person in whom from time to time is vested the legal title to any immovable property;(b)where the property has been leased for 10 years or more, the lessee of such property;(c)where the legal administration of such property is vested in a person as trustee, executor, curator, assignee or administrator, such person;(d)where the owner referred to in paragraph (a), (b) or (c) is absent, the agent or person receiving the rent for the property in question;“occupier”, “owner” or “person” in the case of a firm or partnership includes all or any of the members of such firm or partnership, and in the case of a company or any body of persons not being a firm or partnership, the secretary or manager of such company or body of persons, or where there is no secretary or manager, any member of the board of directors, managing board or committee of such company or body of persons;“occupier” includes the person receiving or entitled to receive the rents payable by a lodger or tenant, whether on his own account or as agent for any other person entitled or interested therein;“premises” means any building, room, tenement, hut, shed, tent, or other structure above or below the ground, together with the land upon which it is situated and any adjoining land used in connection therewith, and any land without buildings or tents and includes any vehicle or conveyance, and open air premises;“plant” means any mobile or static mechanical device used by the Corporation in its operations and construction activities;“plumbing” means all internal piping within premises used for the water supply and waste water conveyance;“potable water” means water for human consumption which complies with any health regulations made under law;“right of way”, means the area within which a servitude or right of way has been obtained;“road” means any road whether public or private, together with the kerbs, stormwater drains and supporting banks thereof, and any street, square, court, alley, lane, bridge, footway, trace, track, path, passage or highway, whether a thoroughfare or not;“roadworks” means the reconstruction, widening, diversion or alteration of the level of any road or part thereof or any alteration in the relative widths or the carriageways or footways thereof;“servitude” means any of the powers exercised by the Corporation under section 24 of this Act in respect of land belonging to an owner or under the control of any local authority;“sewage” means domestic waste water;“sewer” means a conduit for the purpose of transporting waste water;“treatment plant” means any man-made facilities for the purpose of improving water quality;“waterworks” means—(a)a canal, channel, well, reservoir, protecting wall, embankment, weir, dam, borehole, pumping installation, pipelines, sluice gate, filter, sedimentation tank, road, telephone line or other work constructed, erected or used for or in connection with the impounding, storage, passage, drainage, control or abstraction of water, or the development of water power, including the generation, transmission and supply of electricity, or the filtration or purification of water, or the protection of public streams against erosion or siltation, or flood control, or the protection of any water work or irrigated land, or the use of water for any purpose, or the conservation of rain water;(b)land occupied for or in connection with the impounding, storage, passage, drainage, control, abstraction, filtration, purification, development of power (including generation of electricity), or any use of water, and includes any area occupied or required or held for the purpose of being irrigated or for floor control purposes;“wire” means any wire above or below the ground used for electricity or telephone.
Part II – Establishment and management of the Corporation
3. Establishment of the CorporationThere is hereby established a body corporate to be known as the Water Services Corporation with perpetual succession and a common seal, and which shall have power to sue and be sued in its corporate name and to acquire, hold and dispose of movable and immovable property for the purposes of the Corporation.
4. Board of Directors of the Corporation
5. Terms of office of DirectorsThe chairman and the directors appointed under subsection (1)(e) of section 4 shall, subject to the provisions of this Act hold office for such period not exceeding three years and on such terms, including remuneration, fees and allowances, as may be determined in the instruments of their appointment and shall be eligible for re-appointment.
6. Disqualification for membership of the BoardA person shall be disqualified from being appointed a member of the Board if—
7. Termination of appointments of DirectorsThe Minister may summarily terminate the appointment of the Chairman or any other Director for misconduct, inefficiency or negligence in the carrying out, or the failure to carry out, his duties.
8. Vacation of office by members
9. Appointments to fill casual vacanciesWhere, for any reason whatsoever, the place of a Director becomes vacant before the end of his term of office the vacancy shall, if the unexpired portion of the term of office of the vacating Director is six months or more, be filled by the appointment of a new Director who shall hold office for so long only as the former Director would have held office.
10. Meetings and procedures of the Corporation
11. Disclosure of interest
12. Managing Director, Director of Finance and Auditor
13. Other staff
Part III – Objects and functions of the Corporation
14. Objects of the Corporation
15. Transfer of functions of Water and Sewerage BoardThe functions which immediately before the commencement of this Act were exercisable by the Water and Sewerage Board under any enactment or instrument shall be exercisable by the Corporation and accordingly in any enactment or instrument any reference to the Water and Sewerage Board shall be construed as a reference to the Corporation.
16. Powers and functions with regard to water supply
17. Security for payment for services
18. Discontinuance of supply of services
19. Interruption of supply
20. Powers and functions with regard to sewerage
Part IV – General powers of the Corporation as to works
21. Declaration of water control and catchment areasFor the discharge of its functions under sections 6 and 20 the Minister may on the advice of the Corporation by legal notice published in the Gazette, declare such water controlled area or catchment area as the Minister may deem necessary.
22. Functions of existing authorities to ceaseAny person or authority which before the commencement of this Act exercised any of the functions conferred on the Corporation by this Act shall on such commencement cease to exercise any such function.
23. Entry on premises
24. Servitudes (placing of conduits, plant on land of others etc.)
25. Power to enter on land to survey, etc.
26. Moving of conduits, etc.
27. Power to break up roads, etc.
28. Alteration of pipes etc.
29. Works which affect other lawful works
30. Approval and supervision of works by the Corporation
Part V – Financial provisions
31. Principles of financial operations
32. Tariffs and contracts
33. Borrowing powers
34. Accounts, audit and annual report
35. Funds and investments
Part VI – Miscellaneous
36. Offences and penaltiesAny person who—
37. Corporation’s conduits not subject to execution etc.
38. Protection of certain persons from personal liabilityNothing done by any member, officer or agent of the Corporation shall if done in good faith for the purpose of carrying out any of the provisions of this Act, render any of them liable to any civil claim in respect thereof.
39. ExemptionsThe Corporation is hereby exempted from—
40. Fire hydrants
41. RegulationsThe Minister may on the advice of the Corporation by legal notice published in the Gazette make regulations to give effect to any of the provisions of this Act, and in particular in respect of any of the following matters:
42. Transfer of staff of Water and Sewerage BoardThere shall be transferred to the Corporation such employees of the Water and Sewerage Board as the Minister may determine in accordance with such procedure and conditions for selection and appointment of those employees as may be prescribed by the Minister in consultation with the Minister for Labour and Public Service.
43. Transfer of assets and liabilitiesOn a date to be appointed by the Minister by notice in the Gazette (in this section referred to as the “appointed date”) there shall be transferred to and vested in the Corporation by virtue of this section and without further assurance such assets, liabilities and obligations of the Water and Sewerage Board as the Minister may determine, and with effect from the appointed date the Corporation shall, in respect of those assets, liabilities and obligations so transferred or vested, have all the rights and be subject to all the liabilities and obligations which the Water and Sewerage Board has, or is subject to, immediately before the appointed date.
History of this document
01 December 1998 this version
01 August 1994
15 October 1992
Documents citing this one 22
- Swaziland Government Gazette dated 1994-07-22 number 37
- Swaziland Government Gazette dated 1994-11-18 number 57
- Swaziland Government Gazette dated 1995-06-16 number 94
- Swaziland Government Gazette dated 1996-06-28 number 170
- Swaziland Government Gazette dated 1997-07-04 number 268
- Swaziland Government Gazette dated 1998-09-02 number 397
- Swaziland Government Gazette dated 1999-11-12 number 526
- Swaziland Government Gazette dated 2000-04-07 number 554
- Swaziland Government Gazette dated 2001-06-14 number 710
- Swaziland Government Gazette dated 2002-05-03 number 827
- Swaziland Government Gazette dated 2004-03-11 number 23
- Swaziland Government Gazette dated 2005-05-13 number 045
- Swaziland Government Gazette dated 2007-04-26 number 43
- Swaziland Government Gazette dated 2011-03-23 number 28
- Swaziland Government Gazette dated 2011-04-15 number 41
- Swaziland Government Gazette dated 2014-06-13 number 66
- Swaziland Government Gazette supplement dated 1995-10-06 number 115
- Swaziland Government Gazette supplement dated 2011-07-08 number 74
- Swaziland Government Gazette supplement dated 2011-08-12 number 86
- Swaziland Government Gazette supplement dated 2011-09-16 number 98
- Swaziland Coalition of Concerned Civic Organisations Trust and Others v Elections and Boundaries Commission and Others (2783 of 8)  SZHC 45 (1 January 2008)
- Swaziland Coalition of Concerned Civic Organizations Trust and Others v Elections and Boundaries Commission and Others (2783 of 2008)  SZHC 115 (26 March 2009)