THE WATER AND SANITATION BY LAWS & IMPLICATIONS BERNICE MKHONZA

Background One of the Function of EMM as WSA is to ensure development of Policy & By-Laws as mandated by the Water Services Act 1997 Section 156 (2) & (5) Constitution of SA provides that Municipality may make & administer By-Laws to enable effective performance of its functions Objective of By-Laws is to address rights and obligations with regard to water supply services, sanitation services and discharge of industrial effluent into the municipality’s sanitation system.

In addition to the water By-Laws there are a number of other by-laws and policies of the municipal council which impact consumers: Water tariff policy credit control and debt collection policy policy on basic services and indigent domestic consumers policy on developments and bulk contributions town planning procedures Schedule of Standard Materials by-laws dealing with emergency services The relationship of the Municipality and Consumer : water services are provided by the municipality, a consumer is obliged to apply for, use and pay for the services The owner of premises is responsible for ensuring compliance with these by-laws

Legal Provision The provisions of these by-laws do not remove the need for any other permit, consent or authorisation required under any other statute or law Section 12 of By – Laws make provision for Special Water Restrictions : (1) The Council may at any time, by public notification in a manner, as the Council may consider expedient - (a) restrict the supply of water in the whole or any part of its area of supply to such hours as it may determine; (b) prohibit or restrict the use of water - (i) during specified hours of the day or on specified days; (ii) for any specified purpose or for any purpose other than that specified. (c) determine and impose - (i) limits on the quantity of water, which may be consumed over a specified period; (ii) special charges, which shall be levied in respect of water, consumed in excess of the limit imposed under sub-section 12 (c)(i); (iii) a general surcharge on the prescribed charges in respect of the supply of water; or (d) impose restrictions or prohibitions on the use or manner of use or disposition of an appliance by means of which water is used or consumed, or on the connection of particular appliances to a water installation. (2) A notification in terms of sub-section 12(1) may be limited to apply only to specified areas or to specified categories of consumers, premises or activities

Section 16 of 2015/2016 of Water Tariff Schedule also provides for imposition of Water restriction tariff upon pronouncement of water restriction : Ekurhuleni Metro Municipality may be required to restrict (other than the debt management restrictions) the demand and usage of water by its consumers in drought, water shortage, and disaster and water crisis situations. The restriction shall be at four (4) levels namely 10%, 20%, 30% and 40% restrictions. The restriction may take the form of voluntary restriction by consumers where upon they reduce the consumption or usage on their own, pressure reduction, installation of water management devices, rationing and/or water cuts at given times. In all cases the water restriction tariffs shall apply.

Enforcement /Infringements Role Players Mainly Water Inspectors /Peace officers ( mandated by section 88 of By-Laws) Water and Sanitation Representatives ( gather evidence and report) Public Reporting ( Call center 0860653000) EMPD ( can also assist and report and gather evidence forward to the department )

Infringements focus areas : Illegal water connections Storm Water infringements Filling of swimming pools Water Restrictions Watering gardens Hosepipe cleaning of pavements and yards

Fines/Penalties : Section 5 of Water Tariffs - ILLEGAL CONNECTIONS AND OR UNAUTHORIZED CONSUMPTIONS AND DAMAGES TO SERVICES : Illegal use of the fire connection and/or use of unauthorized connections / consumption and/or unauthorized use of water during low water availability i.e. droughts/ heat waves: 5.1.1 A fee of R6 753.64 per incident on the property representing water consumption and related administration costs in cases of Household usage. (Tariff Code SUW990) 5.1.2 A fee of R13 762.24 per incident on the property representing water consumption and related administration costs in cases where Business and Other usage is applicable Business :( Tariff Code SUW991) Other :( Tariff Code SUW992) 5.1.3 A fee of R18 618.29 per incident representing water consumption and related Administration costs in cases of unauthorized usage by vehicles such as tankers (Tariff Code SUW993) Any damages to the network or connections: Actual cost of repairs + cost of water loss + 15% administration fee per incident. 5.3 Neglect by an owner to repair a leaking internal water installation as provided for in clause 11.2 of the Water Supply Bylaws within 48 hours after notification: Actual cost of repairs + 15% administration fee per incident.

Section 8 : Inspection Fees : 8 Section 8 : Inspection Fees : 8.1 In respect of a specific contravention of the Water Supply By-laws or notices of the Council whether continuous or interrupted during a period of 12 months: 2015/16 2016/17 Tariff Code 1st Inspection As per applicable tariff 1st follow-up inspection subsequent to a notice of rectification R1 380,00 1 1 504,20 UW350 2nd follow-up inspection subsequent to the notice of rectification intended above R2 959,00 3 225,31 SUW351 3rd or subsequent follow-up inspection subsequent to the notice of rectification intended above R8 444,00 9 203,96 SUW352

Municipal Courts: Penalty or fine not exceeding R20 000 or imprisonment for not more than 6 Months