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Chapter 10: INTERNATIONAL WATER MANAGEMENT

Under this Chapter the Minister may establish bodies to implement international agreements in respect of the management and development of water resources shared with neighbouring countries, and on regional co-operation over water resources. The governance, powers and duties of these bodies are determined by the Minister in accordance with the relevant international agreement, but they may also be given additional functions, and they may perform their functions outside the Republic. Certain existing international bodies are deemed to be bodies established under this Act.

102.: Establishment of bodies to implement international agreements

The Minister may, in consultation with the Cabinet, by notice in the Gazette, establish a body to implement any international agreement entered into by the South African Government and a foreign government relating to -
102.(a): investigating, managing, monitoring and protecting water resources;
102.(b): regional co-operation on water resources;
102.(c): acquiring, constructing, altering, operating or maintaining a waterwork; or
102.(d): the allocation, use and supply of water.

103.: Governance and functions of bodies

103.(1): A notice contemplated in section 102 must, with due regard to the relevant international agreement, give details of -
103.(1)(a): the governance of the body;
103.(1)(b): the functions of the body;
103.(1)(c): the financing of the body;
103.(1)(d): mechanisms for controlling and supervising the affairs of the body;
103.(1)(e): which items of Schedule 4, if any, apply to the body;
103.(1)(f): the disestablishment of the body and the winding-up of the body's affairs; and
103.(1)(g): any other matter necessary to give effect to the agreement.
103.(2): If the Minister is satisfied that it will not prejudice the capacity of a body to perform the functions for which it was established, the Minister may direct a body established under section 102 to perform additional functions which may include, but are not limited to, providing water management institutions with -
103.(2)(a): management services;
103.(2)(b): financial services;
103.(2)(c): training; and
103.(2)(d): other support services.
103.(3): The body may perform its functions outside the Republic.

104.: Powers of bodies

A body established under section 102 is a body corporate and has the powers of a natural person of full capacity, except those powers which -
104.(a): by their nature can attach only to natural persons; or
104.(b): are excluded by or are inconsistent with this Act or the relevant international agreement.

105.: Bodies must manage different functions as separate units

105.(1): If given additional functions under section 103(2), a body must manage each of its functions separately, and must account for them separately.
105.(2): A body must apply accounting practices consistent with generally accepted accounting practices.

106.: Reports on performance of functions

106.(1): Unless the international agreement provides otherwise, a body must report on the performance of its functions within three months after the end of its financial year.
106.(2): The report must -
106.(2)(a): be accompanied by the body's audited financial statements for that financial year; and
106.(2)(b): be submitted to the Minister and such other party as may be required by the international agreement.
106.(3): The report must contain sufficient information to allow the Minister to assess the performance of the body in respect of all its functions against the objectives set out in the relevant agreement.
106.(4): The Director-General must send a copy of the report to the Secretary to Parliament.

107.: Investigation of affairs or financial position of bodies

107.(1): The Minister may, with the consent of the other parties to the agreement, or if the agreement so provides, appoint a person to investigate the affairs or financial position of a body and that person may for this purpose attend any meeting of the body.
107.(2): A body must, subject to subsection (1), on request, provide the Minister's appointee with such -
107.(2)(a): information on the affairs and financial position of the body;
107.(2)(b): access to all books, accounts, documents and assets of the body; and
107.(2)(c): information and data on water resources, as may be required by the Minister or the Minister's appointee.
107.(3): The Minister may recover from the body concerned the reasonable fees and disbursements of any person appointed under subsection (1).

108.: Transitional provisions relating to existing bodies

The Trans-Caledon Tunnel Authority established by Government Notice No. 2631 of 12 December 1986, the Komati Basin Water Authority established by an agreement dated 13 March 1992 with the Kingdom of Swaziland and the Vioolsdrift Noordoewer Joint Irrigation Authority established by an agreement dated 14 September 1992 with the Government of Namibia, must be regarded as being bodies contemplated in this Chapter until disestablished by the Minister by notice in the Gazette.