National Water Act, 1998 (Act No. 36 of 1998)SchedulesSchedule 4 : Management and Planning of Water Management InstitutionsPart 1 : Governing board |
| 1. | Governing board |
| (1) | The board— |
| (a) | is responsible for the management of the affairs of the water management institution; and |
| (b) | may exercise the powers of the institution. |
| (2) | Without limiting subitem (1), it is the role of the board – |
| (a) | to decide the strategies and policies to be followed by the institution; and |
| (b) | to ensure that the institution exercises its powers or performs its duties in a proper, efficient, economical and sustainable manner. |
| (3) | The board must carry out its functions as efficiently as possible, consistent with prudent commercial practice. |
| (4) | In the absence of the chairperson, the deputy chairperson performs all the functions of the chairperson. |
| 2. | Terms and conditions of appointment |
| (1) | A board member holds office for a term— |
| (a) | specified in the constitution, if the institution has a constitution; or |
| (b) | determined by the Minister, if the institution has no constitution. |
| (2) | The institution may pay a board member from the revenues of the institution an amount of remuneration, determined by the board from time to time, in accordance with any directive from the Minister. |
| 3. | Chief executive officer |
| (1) | The board may appoint a suitably qualified person as chief executive officer of the institution. |
| (2) | The chief executive officer of the institution holds office on the terms and conditions determined by the board. |
| (3) | The board may remove the chief executive officer of the institution from office. |
| (4) | The Minister may, for good reasons and after consultation with the board, direct the board to remove the chief executive officer from officer. |
| (5) | The board must comply with a directive given by the Minister under subparagraph (4). |
| (6) | The functions to be performed by the chief executive officer in terms of this Schedule may also be performed by the chairperson or any other officer designated by the chairperson. |
| (7) | The board must, in consultation with the Minister of Public Service and Administration, determine the salary of its chief executive officer, subject to the approval of the Minister. |
| 4. | Vacancies, resignations and removal from office |
| (1) | The position of a board member becomes vacant if the member— |
| (a) | has been declared to be of unsound mind by a competent authority; |
| (b) | is declared insolvent; |
| (c) | resigns; |
| (d) | is convicted of any offence involving dishonesty; |
| (e) | is absent without prior consent of the chairperson from two consecutive meetings of the board; or |
| (f) | fails to make any disclosure required to be made in terms of item 7. |
| (2) | An ordinary member or the deputy chairperson may resign in writing addressed to the chairperson. |
| (3) | The chairperson may resign in writing addressed to the Minister. |
| 5. | Validity of decisions |
| (1) | An act or decision of the board is not invalid merely because of— |
| (a) | A defect or irregularity in, or in connection with, the appointment of a board member; or |
| (b) | a vacancy in the membership of the board, including a vacancy resulting from the failure to appoint an original board member. |
| (2) | Anything done by or in relation to a person purporting to act as chairperson or as a board member is not invalid merely because— |
| (a) | the occasion for the person to act has not arisen or had ceased; |
| (b) | there was a defect or irregularity in relation to the appointment; or |
| (c) | the appointment had ceased to have effect. |