# summary

- Link: https://dearsouthafrica.co.za/water-soe/summary/
- Published: 2023-02-21T13:09:37+02:00
- Author: dearSA

[ View the campaign](https://dearsouthafrica.co.za/water-soe/)

Campaign report

coming soon

Public comments as delivered

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Notice

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The draft Bill

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### Articles of interest

 * CityPress — [Government promises: Will new water agency be another failed state-owned entity?](https://www.news24.com/citypress/news/government-promises-will-new-water-agency-be-another-failed-state-owned-entity-20221025)
 * IOL — [National Water Resource Infrastructure Agency being formed – Senzo Mchunu](https://www.iol.co.za/capetimes/news/national-water-resource-infrastructure-agency-being-formed-senzo-mchunu-49c94e4c-7050-457f-95a5-9e0817de76ab)
 * Sabinet — [National Water Resources Infrastructure Agency Bill on Track](https://legal.sabinet.co.za/articles/national-water-resources-infrastructure-agency-bill-on-track/)
 * The Conversation — [Why South Africa needs a new water agency](https://theconversation.com/why-south-africa-needs-a-new-water-agency-155895)

Promote participation with this QR code poster/flyer – distribute or place at the
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### PREAMBLE

**RECOGNISING** that National Government is responsible for and has authority over
the nation’s water resources and its use;

**ACKNOWLEDGING**

 * that it is necessary to ensure that, in relation to water resources development
   at national level, the required national water resources infrastructure must 
   be developed, operated and maintained efficiently and effectively in a sustainable,
   equitable and reliable manner in order to make water available to water users
   and to water management institutions for further distribution;
 * that the current water resources infrastructure asset base and associated revenue
   stream could be better utilised to procure funding for the development, operation
   and maintenance of water resources infrastructure required for meeting social
   needs; and RECOGNISING that a juristic person wholly owned by the State to administer,
   fund, finance, implement, develop, alter, maintain, rehabilitate, refurbish, 
   operate and manage the national water resources infrastructure, to provide advisory
   services relating to such infrastructure and to do all things necessary to fulfil
   the functions entrusted to it under this Act, must be established to meet the
   obligations as set out in sections 10, 11, 24, 27(1)(b) and 27(2) of the Constitution
   in relation to water,

### ARRANGEMENT OF SECTIONS

**CHAPTER 1**
 DEFINITIONS AND PURPOSE 1. Definitions and interpretation 2. Purpose
of Act

**CHAPTER 2**
 ESTABLISHMENT OF AGENCY 3. Establishment of Agency 4. Memorandum 
and Notice of incorporation of Agency 5. Application of Companies Act to Agency 
6. Objects of Agency 7. Functions of Agency

**CHAPTER 3**
 GOVERNANCE OF AGENCY 8. Governance and composition of Board 9. Role
of Board 10. Principle to guide Board 11. Appointment to Board 12. Chairperson and
deputy chairperson 13. Terms of office and conditions of appointment of non-executive
Board members 14. Removal and disqualification of Board members 15. Filling of vacancies
16. Shareholder’s compact 17. Establishment of committees 18. Fiduciary duties of
Board members 19. Disclosure of interest of Board members 20. Recovery of improper
profits 21. Validity of decisions 22. Delegation of powers and assignment of functions
by Board 23. Meetings of Board

**CHAPTER 4**
 CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER 24. Appointment
of Chief Executive Officer and Chief Financial Officer 25. Terms of office and conditions
of appointment of Chief Executive Officer and Chief Financial Officer 26. Appointment
of acting Chief Executive Officer and acting Chief Financial Officer 27. Interim
Chief Executive Officer 28. Suspension from office of Chief Executive Officer 29.
Delegation by Chief Executive Officer 30. Appointment of employees

**CHAPTER 5**
 FINANCIAL MATTERS, REPORTING AND ACCOUNTABILITY 31. Financing 32.
Government support to Agency and loans by Agency and subsidiaries 33. Annual budget,
long term financial plan and corporate plan 34. Submission of quarterly reports 
and corporate plans 35. Financial statements and annual report 36. Application of
Public Finance Management Act to Agency 37. Board to notify Minister of significant
events

**CHAPTER 6**
 TRANSFER OF NATIONAL WATER RESOURCES INFRASTRUCTURE AND DISESTABLISHMENT
OF TCTA 38. Transfer of national water resources infrastructure 39. Disestablishment
of TCTA 40. Registering of real rights 41. Transfer of personal servitudes 42. Disposal
and transfer of national water resources infrastructure 43. Acquiring State land

**CHAPTER 7**
 POWERS OF MINISTER 44. Delegation by Minister 45. Additional functions
46. Expropriation by Minister 47. Investigation of Agency 48. Intervention by Minister
49. Regulations

**CHAPTER 8**
 MISCELLANEOUS PROVISIONS 50. Subsidiary company 51. Liquidation 52.
Documents relating to litigation against Agency 53. Transitional provisions and 
savings 54. Offences and penalties 55. Short title and commencement

### STATEMENTS FROM OTHER ORGANISATIONS

Click on a logo to view.
 Want to display your organisation’s statement? [Click here. ](https://dearsouthafrica.co.za/water-soe/summary/ referendum@dearsouthafrica.co.za?subject=org info for referendum info page)

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### Cape Independence Advocacy Group

### Dear Speaker,

I am writing to you on behalf of the Cape Independence Advocacy Group (CIAG) and
the seventy thousand South Africans who actively follow our work.

We wish to comment on the ‘Electoral Commissions Amendment Act, 2021’, which is 
proposed by the Democratic Alliance (DA) and was published in the Government Gazette
on 21 June 2021.

Given our mandate, our comments are made in the context of the Western Cape, although
we appreciate and respect that the constitutional rights enacted through this bill
will rightfully apply to all provinces.

This bill is essential to restoring some degree of functional democracy to the voters
of the Western Cape and we therefore unreservedly and wholeheartedly endorse it.

Through their voting behaviour, Western Cape voters have made it abundantly clear
that they do not endorse many of the policy and ideological positions of the South
African national government, but are left utterly powerless to resist them because
the voters in other South African provinces, who greatly outnumber them, hold starkly
different ideological and political opinions.

In terms of seeing their democratic will enacted, for the majority of Western Cape
voters, the democratic era has not offered much of an improvement over the apartheid
era. It is a statistical fact that, since 1994, the majority of Western Cape voters
have never been governed by the political party they voted for, and they have no
foreseeable prospect of ever being governed by the party they vote for. As such,
they cannot be said to have functional democracy.

One of the few glimmers of democratic hope Western Cape voters do have, is the provision
of Clause 127(2)(f) of the national constitution, and 37(2)(f) of the Western Cape
constitution, which allows them, at the discretion of the premier who they elected,
to have their voices heard on matters which are important to them, without being
drowned out by a national majority who fundamentally hold different views.

To deny Western Cape voters this constitutional right would be a very serious infringement
of their political rights and freedoms, and would be a clear indication that parliament
and the national government are not interested in the constitutional rights and 
democratic wishes of Western Cape voters.

We therefore call upon parliament to pass this bill at the earliest opportunity,
and without objection.

Yours Faithfully

**Phil Craig
 
(On behalf of the Cape Independence Advocacy Group)