National Water Act, 1998 (Act No. 36 of 1998)Chapter 7 : Catchment Management AgenciesPart 2 : Governing board of catchment management agencies81. Governing board of catchment management agencies |
| (1) | The members of a governing board of a catchment management agency must be appointed by the Minister who, in making such appointment, must do so with the object of achieving a balance among the interests of water users, potential water users, local and provincial government and environmental interest groups. |
| (2) | Notwithstanding subsections (3) to (9) the Minster must, from time to time, determine the extent to which relevant local governments should be represented on the governing board of each catchment management agency. |
| (3) | Before appointing members to the governing board, the Minister must establish an advisory committee contemplated in Chapter 9, to recommend to the Minister— |
| (a) | which organs of state and bodies representing different sectors and other interests within the water management area of the catchment management agency should be represented or reflected on the governing board; and |
| (b) | the number of persons which each of them should be invited to nominate. |
| (4) | The committee must consult with the relevant organs of state and interest groups before making its recommendations. |
| (5) | After receiving the committee’s recommendations, the Minister must decide which organs of state and bodies will be invited to nominate representatives for appointment to the governing board, and the number of representatives each may nominate. |
| (6) | The Minister’s decision must be communicated to the organs of state and bodies concerned and the Minister must take the necessary steps to obtain nominations from them by a date specified by the Minister. |
| (7) | The Minister must appoint the persons nominated by the organs of state and the bodies concerned in accordance with the invitation, unless— |
| (a) | any such person is not a fit and proper person to serve on the governing board; or |
| (b) | any such organ of state or body had not followed its own internal procedures in making the nomination. |
| (8) | If the Minister does not appoint a nominee, the Minister must – |
| (a) | inform the organ of state or body concerned and state the reasons for not appointing that nominee; and |
| (b) | invite a further nomination from that organ of state or body. |
| (9) | If one or more nominations are still outstanding on the date specified under subsection (6), the Minister may appoint members of the board and fill any vacancy later. |
| (10) | After appointing members to the board the Minister may appoint additional members selected by the Minister in order to— |
| (a) | represent or reflect the interests identified by the advisory committee; |
| (b) | achieve sufficient gender representation; |
| (c) | achieve sufficient demographic representation; |
| (d) | achieve representation of the Department; |
| (e) | achieve representation of disadvantaged persons or communities which have been prejudiced by past racial and gender discrimination in relation to access to water; and |
| (f) | obtain the expertise necessary for the efficient exercise of the board’s, powers and performance of its duties. |
| (11) | A member must be appointed for a specific term of office. |
| (12) | The Minister may extend the term of office of a member. |
| (13) | If the term of office of a member expires before the first meeting of a new board takes place, the existing member remains in office until the first meeting takes place. |
| (14) | A member nominated for appointment to the board by an organ of state or body is accountable to that organ of state or body. |