Promotion of Access to Information Act, 2000
R 385
South African National Water Resources Infrastructure Agency SOC Limited Act, 2024 (Act No. 34 of 2024)Chapter 2 : Establishment of Agency6. Functions of Agency |
| (1) | The Agency must, in order to fulfil its objects— |
| (a) | produce every five years a strategic plan which must— |
| (i) | ensure that the Agency provides, operates and maintains the national water resources infrastructure that is sustainable, equitable and reliable; |
| (ii) | be consistent with national water policy including the national water resource strategy produced by the Department in terms of Part 1 of Chapter 2 of the National Water Act; and |
| (iii) | be approved by the Minister, after consultation with the Department, the National Assembly and other key stakeholders; |
| (b) | provide, operate and maintain national water resources infrastructure in a manner that takes account of national development objectives, including the mitigation of climate change and other risks to a reliable water supply; |
| (c) | secure funding and, where necessary, the refinancing of national water resources infrastructure; |
| (d) | collect water use charges due to it in terms of Chapter 5 of the National Water Act and the pricing strategy established by the Minister in terms of section 56 of the National Water Act; |
| (e) | attract, develop and maintain appropriate skills; |
| (f) | achieve and sustain efficient and effective water supply to all water users that it supplies; |
| (g) | create jobs in the national water resources infrastructure development process in compliance with National Development Plan and the New Growth Path Framework; |
| (h) | manage an asset inventory and information system associated with the national water resources infrastructure; |
| (i) | ensure the safety of the dams vested in it, in accordance with the procedure set out in Chapter 12 of the National Water Act; |
| (j) | ensure sustainable, equitable and reliable development of national water resources infrastructure; |
| (k) | establish compliance, fraud and loss prevention mechanisms to ensure that the integrity of the Agency is maintained; |
| (l) | enter into agreements with— |
| (i) | water users; and |
| (ii) | other parties for purposes of maintaining and sustaining reliable national water resources infrastructure; |
| (m) | acquire or dispose of, subject to any applicable legislation, any right or title in movable or immovable property as may be necessary for the Agency to fulfil its objects and functions; |
| (n) | perform legal acts, including the instituting or defending of any legal action or debt collection; |
| (o) | obtain by agreement, in writing, the services of any person, including any organ of state for the performance of any specific act, task or assignment for and on behalf of the Agency; and |
| (p) | if it will not prejudice the capacity of the Agency to perform the functions for which it was established, the Agency may, subject to suitable financing arrangements that have been made, perform additional functions which may include, providing water management institutions and water service authorities or water service providers as defined in the National Water Act and the Water Services Act with— |
| (i) | management services; |
| (ii) | financial services; |
| (iii) | training; and |
| (iv) | other support services. |
| (2) | In performing its functions, the Agency must— |
| (a) | be customer-orientated; |
| (b) | ensure compliance with national water policy; and |
| (c) | act according to its social, economic and constitutional responsibilities in terms of the Constitution. |
| (3) | The Agency must perform the TCTA’s LHWP Treaty and non-Treaty functions, requirements, financial and other obligations in accordance with the provisions of the Notice of Establishment, the LHWP Treaty and directives given to the TCTA by the Minister. |
| (4) | The Agency must promote the development of projects that meet social needs and must facilitate suitable financial arrangements for the funding thereof. |
| (5) | The Agency may perform any functions inside or outside of the Republic of South Africa to implement any Water Treaty subject to suitable financial arrangements having been made. |
| (6) | The Agency may only perform functions and undertake operations in another country that are unrelated to the function of supplying water to the Republic of South Africa if it fully recovers the costs of doing so by— |
| (a) | charging a fee; |
| (b) | claiming costs; and |
| (c) | claiming disbursements, for so performing, from that country. |
