National Water Act, 1998 (Act No. 36 of 1998)Chapter 15 : Appeals and Dispute Resolution146. Establishment of Water Tribunal |
| (1) | The Water Tribunal is hereby established. |
| (2) | The Tribunal is an independent body which— |
| (a) | has jurisdiction in all the provinces of the Republic; and |
| (b) | may conduct hearings anywhere in the Republic. |
| (3) | The Tribunal consists of a chairperson, a deputy chairperson and as many additional members as the Minister considers necessary. |
| (4) | Members of the Tribunal must have knowledge in law, engineering, water resource management or related fields of knowledge. |
| (5) | The chairperson, the deputy chairperson and the additional members of the Tribunal are appointed by the Minister on the recommendation of the Judicial Service Commission contemplated in section 178 of the Constitution and the Water Research Commission established by section 2 of the Water Research Act, 1971 (Act No. 34 of 1971), in accordance with item 3 of Schedule 6. |
| (6) | The chairperson and the deputy chairperson may be appointed in a full-time or part-time capacity while the additional members must be appointed in a part-time capacity. |
| (7) | The Minister must determine the employment conditions and the remuneration of the chairperson, the deputy chairperson and all other members of the Tribunal in consultation with the Minister of Finance. |
| (8) | The Minister may, after consultation with the Judicial Service Commission or the Water Research Commission referred to in subsection (5), as the case may be, and after giving the member an opportunity to make representations and considering such representations, for good reason terminate the appointment of any member of the Tribunal. |