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[ Section 148(4) ]
S6.1.(1): A member of the Water Tribunal is appointed for a period of office determined by
the Minister, which may not exceed four years.
S6.1.(2): A member may be re-appointed.
No person may hold office as a member of the Water Tribunal -
S6.2.(a): if that person is an unrehabilitated insolvent; or
S6.2.(b): if that person has been convicted of any offence involving dishonesty or has
been sentenced to imprisonment without the option of a fine. A disqualification under this
subitem ends three years after the sentence has been served.
S6.3.(1): Whenever necessary, the Minister must request the Judicial Service Commission to
-
S6.3.(1)(a): publish a notice in the Gazette calling for nominations for appointment to
the Water Tribunal; and
S6.3.(1)(b): consider what further steps, if any, are appropriate to bring the contents of
the notice to the attention of interested persons, and take those steps which the
Commission considers to be appropriate.
S6.3.(2): A notice in terms of subitem (1) must set out, in general terms, at least -
S6.3.(2)(a): the activities of the Tribunal;
S6.3.(2)(b): the time commitments reasonably expected from members of the Tribunal;
S6.3.(2)(c): the term of office for which appointments will be considered;
S6.3.(2)(d): the criteria for disqualification as a member;
S6.3.(2)(e): the requirements with which a nomination must comply;
S6.3.(2)(f): the date by which nominations must be submitted, which may not be earlier
than 30 days after publication of the notice; and
S6.3.(2)(g): the address to which nominations must be sent.
S6.3.(3): Every nomination of a person for appointment to the Tribunal must be signed by a
proposer and a seconder, neither of whom may be the nominee, and must contain the
nominee's signed acceptance.
S6.3.(4): The Judicial Service Commission -
S6.3.(4)(a): must consider all valid nominations received before the date contemplated in
subitem (2)(f);
S6.3.(4)(b): may prepare a short list of nominees;
S6.3.(4)(c): may interview all short-listed nominees; and
S6.3.(4)(d): must make recommendations to the Minister on the appointment of members of
the Tribunal.
S6.3.(5): In recommending a nominee for appointment the Judicial Service Commission must
consider -
S6.3.(5)(a): the criteria set out in section 146(4) of
the Act;
S6.3.(5)(b): the reputation and integrity of the nominee; and
S6.3.(5)(c): any conflict of interests which the nominee may have.
S6.3.(6): The Judicial Service Commission must recommend a candidate for appointment for
every vacancy, including that of chairperson or deputy chairperson, where necessary.
S6.3.(7): The Department must pay all costs -
S6.3.(7)(a): relating to the publication of notices in terms of subitem (1); and
S6.3.(7)(b): incurred by the Judicial Service Commission in the performance of its task.
S6.4.(1): A member of the Water Tribunal ceases to hold office -
S6.4.(1)(a): from the effective date of the member's resignation;
S6.4.(1)(b): if the member is absent without leave from the chairperson on two consecutive
sittings of the Tribunal at which the member's presence is required. Leave may be granted
retrospectively if the absence of the member was due to unforeseen circumstances;
S6.4.(1)(c): if the member has become disqualified in terms of item 2;
S6.4.(1)(d): if the member has been declared to be of unsound mind by a competent
authority; or
S6.4.(1)(e): if the member's appointment has been terminated in terms of section 146 of
the Act.
S6.4.(2): A member who is not the chairperson must notify the chairperson of his or her
resignation. The chairperson must notify the Minister of his or her own resignation and
the resignation of any other member.
S6.5.(1): An appeal to the Water Tribunal under section
148(1) and an application for determination of compensation must be commenced by
serving a copy of a written notice of appeal or application on the relevant responsible
authority or catchment management agency and lodging the original with the Tribunal.
S6.5.(2): The Tribunal may, for good reason, condone the late lodging of an appeal or
application.
S6.5.(3): A responsible authority or a catchment management agency against whose decision
or offer an appeal or application is lodged must within a reasonable time -
S6.5.(3)(a): send to the Tribunal all documents relating to the matter, together with the
reasons for its decision; and
S6.5.(3)(b): allow the appellant or applicant and every party opposing the appeal or
application to make copies of the documents and reasons.
S6.6.(1): An appeal or application before the Water Tribunal must be heard by one or more
members, as the chairperson may determine.
S6.6.(2): A party to an appeal or application may be represented by a person of that
party's choice.
S6.6.(3): Appeals and applications to the Tribunal take the form of a rehearing. The
Tribunal may receive evidence, and must give the appellant or applicant and every party
opposing the appeal or application an opportunity to present their case.
S6.6.(4): The Tribunal must keep minutes containing a summary of the proceedings of every
hearing.
S6.7.(1): The Water Tribunal may -
S6.7.(1)(a): subpoena for questioning any person who may be able to give information
relevant to the issues; and
S6.7.(1)(b): subpoena any person who is believed to have possession or control of any
book, document or object relevant to the issues, to appear before the Tribunal and to
produce that book, document or object.
S6.7.(2): A subpoena must be signed by a Tribunal member and must -
S6.7.(2)(a): specifically require the person named in it to appear before the Tribunal;
S6.7.(2)(b): state the date, time and place at which the person must appear; and
S6.7.(2)(c): sufficiently identify any book, document or object to be produced by that
person.
S6.7.(3): The law relating to privilege, as it applies to a witness subpoenaed to give
evidence or to produce any book, document or object before a court of law, applies to the
questioning of any person and to the production of any book, document or object in terms
of this item.
S6.7.(4): The party at whose request a subpoena was issued must pay witness fees, travel
and subsistence allowances to a person subpoenaed to appear before the Tribunal, at the
applicable High Court scale.
S6.7.(5): The Tribunal may administer an oath or accept an affirmation from any person
called or subpoenaed to give evidence.
S6.8.(1): A person commits contempt of the Water Tribunal -
S6.8.(1)(a): if, after having been subpoenaed to appear before the Tribunal, the person
without good cause does not attend;
S6.8.(1)(b): if the person, without good cause, fails to produce any book, document or
object specified in a subpoena;
S6.8.(1)(c): if, after having appeared in response to a subpoena, the person fails to
remain in attendance until excused by the Tribunal;
S6.8.(1)(d): by refusing to take the oath or to make an affirmation as a witness when the
Tribunal so requires;
S6.8.(1)(e): by refusing to answer any question fully and to the best of that person's
knowledge and belief, but subject to item 7(3);
S6.8.(1)(f): if during the proceedings, the person behaves improperly; or
S6.8.(1)(g): if the person prejudices or improperly influences the proceedings of the
Tribunal.
S6.8.(2): The Water Tribunal may refer any contempt to a High Court. A High Court may make
an appropriate order.
S6.9.(1): The Water Tribunal must give its decision in writing. A majority decision of
members hearing a matter (if the matter is heard by more than two members) constitutes a
decision of the Tribunal.
S6.9.(2): The Tribunal must, at the request of any party and within a reasonable time,
give written reasons for its decision on any matter.
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