| (1) |
The Minister may, after consulting with a water user association, direct that a person be admitted as a member of the association on such conditions as are fair and equitable. |
| (2) |
A water user association must comply with a directive given under subsection (1). |
| (3) |
If a water user association— |
| (a) |
is in financial difficulties or is being otherwise mismanaged; |
| (b) |
has acted unfairly or in a discriminatory or inequitable way towards any member of the association; |
| (c) |
has failed to admit persons to membership unfairly or on discriminatory grounds; |
| (d) |
has failed to comply with any directive given by the Minister under this Act; |
| (f) |
is unable to exercise its powers or perform its duties effectively due to dissension among the management committee or its members; |
| (g) |
has failed to comply with its constitution or this Act; or |
| (h) |
has become redundant or ineffective, |
the Minister may—
| (i) |
direct the association to take any action specified by the Minister; |
| (ii) |
withhold any financial assistance which might otherwise be available to the water user association until the association has complied with such directive; |
| (iii) |
by notice addressed to the association and the member concerned, terminate the office of that member of the management committee and arrange for theresulting vacancy on the management committee to be filled. |
(4) A directive contemplated in subsection (3)(1) must state—
| (a) |
the nature of the deficiency; |
| (b) |
the steps which must be taken to remedy the situation; and |
| (c) |
a reasonable period within which those steps must be taken. |
| (5) |
If the water user association fails to remedy the situation within the given period, the Minister may— |
| (a) |
after having given that association a reasonable opportunity to be heard; and |
| (b) |
after having afforded the association a hearing on any submissions received, take over the relevant function of the association, or appoint a suitable person to take over the power or duty. |
| (6) |
If the Minister, or a person appointed by the Minister, takes over a power or duty of a water user association— |
| (a) |
the Minister or the appointee may do anything which the association might otherwise be empowered or required to do in terms of its constitution or by or under this Act, to the exclusion of the association; |
| (b) |
the management committee of the association may not, while the Minister or the appointee is responsible for that power or duty, exercise any of its powers or perform any of its duties relating to that power or duty; |
| (c) |
an employee or a contractor of the association must comply with a directive given by the Minister or the appointee; |
| (d) |
as soon as the Minister is satisfied that the association is once more able to exercise its powers and perform its duties effectively, the Minister or the appointee, as the case may be, must cease exercising such powers and performing such duties; and |
| (e) |
the Minister may recover from the association all reasonable costs incurred by the Minister or the appointee, including— |
| (i) |
the reasonable fees or disbursements of the appointee; and |
| (ii) |
any losses suffered as a result of lawful and reasonable action taken under this section, except to the extent that the loss is caused or contributed to by the negligence of the Minister or the appointee or any person under their control. |
Statistics Act, 1999
