The Public Health Bill, 1999

PART VIII: WATER SUPPLIES

Collective responsibility to provide clean and healthy water

81. (1) Subject to the provisions of the Water Act and provided that such provisions are not inconsistent with the objectives of this Act for purposes of this Part-

(a) the Minister responsible for water as a resource;

(b) the Minister responsible for the provision of domestic and commercial water in urban and peri-urban areas, including representatives of the Swaziland Water Services Corporation or its successor;

(c) the Minister responsible for the supply of domestic and commercial water in the rural areas, including representatives of the Rural Water Supply Branch;

(d) such other body or person recognised by the Government in respect of the supply and provision of domestic and commercial water; and

(e) the Minister responsible for Public Health, shall coordinate and have the collective responsibility, to the people of Swaziland, to provide sufficient clean and healthy water for domestic, and where applicable for commercial, purposes, but especially for human consumption irrespective whether for direct or indirect consumption, at all times and whenever reasonably possible.

(2) To attain the goal or objective of this Part, respecting the provision of clean and healthy water, the Minister shall consult with all the persons, entities and the representatives of such entities as specified in subsection (1) and others that may exist, and collectively shall, as a duty and obligation to the people of Swaziland, within six months after the commencement of this Act establish and thereafter maintain in existence a body to coordinate the interests and functions of the respective persons and entities.

(3) The body established under subsection (2) shall be established by the Minister by notice published in the Gazette and shall consist of such members as the parties shall agree, which number shall not exceed nine members.

(4) The body shall regulate its rules of procedure and it may co-opt persons known and proven for their expert knowledge in water engineering or hygiene related matters.

(5) The Minister in consultation with the Minister for Finance shall determine whether or not allowances may be payable to the members and if so, the amount payable.

(6) Any member of the public, alone or with others, who is a consumer or user of water envisaged by this section, shall be competent to commence civil proceedings in the High Court seeking to enforce any right deriving from the operation of this section, excluding compensation but including specific performance.

(7) The provision of clean and healthy water shall be subject to such conditions and terms as agreed upon and in line, where applicable, with commercial enterprises or public enterprises practices, which may or may not include the payment for services received or to be received.

(8) Nothing in this section shall be construed as restraining the Minister from entering into a contract with any person for the provision of clean and healthy water, provided the Government procedures relating to the award of Government contracts are followed.

Duties of other responsible authorities to furnish clean and healthy water

82. It shall be the duty of the responsible authority or the authority responsible at a mission or communal institution or place or farm, mine, agricultural enterprise or undertaking and such like undertakings, enterprises or institutions to provide and maintain or cause to be provided and maintained, as far as may be reasonably possible, sufficient supplies of clean and healthy or wholesome water for human consumption, whether for direct or indirect consumption.

Water works not to be commenced until approved

83. (1) No water works, in respect of water for human consumption, shall be commenced after the date of commencement of this Act unless it has been approved by the body established under section 81(2) and before the establishment of this body, the ministries and entities referred to in section 81(1) shall collectively approve such commencement of such water works.

(2) The Minister or the body established under section 81 through the Minister, shall give notice, published in the Gazette, of any proposed scheme for the purpose of construction of water works intended for human consumption.

(3) The notice shall describe such proposed scheme and clearly state the hour and place where the plans, estimates and other particulars relating to the water works may be inspected or obtained, whichever is the case.

(4) Where any person who is injuriously affected by such scheme or proposed scheme objects and transmits that person's written objections to the Minister within thirty days after the last publication of the notice, the Minister may refer the matter to the body established under section 81, or the Ministers mentioned under section 81(1) may in consultation appoint a committee especially for this purpose to inquire into the expediency of sanctioning the proposed scheme and to hear the objection or objections.

(5) The body or committee referred to in subsection (4) shall enquire into the matter or objection and within the time given to it present a report to the Minister who shall in turn present it to the Ministers mentioned in section 81 and the Ministers shall after reading and understanding the report determine the issue or matter in whichever manner they find fit.

(6) The Ministers may be compelled to give reasons for their decision by any person sufficiently affected by the decision.

Health opportunities impact assessment on water resources development

84. (1) Every person intending to carry out water works on a water resources development scheme or project shall comply with the Swaziland Environment Authority Act, the Water Act together with any Regulations made there under and any other legislation having a bearing or impact on the works, scheme or project.

(2) Every person intending to undertake water works or a water resources development scheme or project shall first furnish the Minister or the body established under section 81 with a health impact assessment report spelling out possible health impacts resulting from the intended works, scheme or project before embarking or commencing the works, scheme or project.

Water supply systems to be maintained in good repair

85. (1) Every person responsible for any water supply system or systems shall keep such system or systems in a good condition for the effective supply or distribution of clean and healthy or wholesome water for human consumption.

(2) Any person who intentionally or willingly causes or suffers any water or water supply, falling under this Part, to be contaminated commits an offence and shall be liable, on conviction, to a fine not exceeding fifty thousand Emalangeni or to imprisonment for a period not exceeding five years or both for a first offence and a fine not exceeding one hundred thousand Emalangeni or imprisonment for a period not exceeding ten years or both for a second and subsequent offences each time that person is convicted.

Powers to inspect water works, waste treatment works or facilities to monitor effluent quality

86. (1) The Director of Health Services or a public health environmental officer or such other employee of the Ministry or such other person, as may be authorised by the Director of Health Services or by the Minister, may, at reasonable times, enter any water works, waste treatment works, or facilities that monitor effluent quality, to inspect and examine such and its products and ascertain the functioning of such entities, their state of repairs and the quality of the products.

(2) The Director, or the public health officer or such other authorised employee or person shall, immediately after the inspection, examination and ascertaining as required by subsection (1), make and deliver a written report to the Minister who shall in turn, without a decision, call the Ministers mentioned in section 81 or their representatives for the deliberation and determination of the issues raised in the report.

(3) Any decision taken under subsection (2) shall foremost take into account the interest of public health for the people of Swaziland and any person, alone or with others, may, through the High Court, require or compel the Minister or the Ministers, individually or jointly, to provide or make public the report or the reasons for the decisions.

(4) Any person who obstructs another person lawfully exercising or performing any duty given under this section commits an offence and liable, on conviction, to a fine not exceeding two thousand Emalangeni or to imprisonment for a period not exceeding six months.

Waste water management

87. (1) At all water works or stand pipes or household, waste water so generated shall be disposed off in such a manner so as not to cause a public health nuisance or create conditions favouring the breeding of mosquitos or such other insects or undesirable animals or elements not conducive to public health.

(2) No person shall allow or permit or cause waste water from whatever source to be disposed off to, or be drained into, any place or thing that shall or likely to negate public health or the objectives of this Act.

(3) Any person connected with any water waste from whatever source shall drain such water waste into a soakaway pit or special lagoon suitable for the purpose and such water waste shall be subjected to some form of treatment to render it safe before discharge into a water body which may be a stream, river or dam or other like such water bodies.

(4) No person shall use waste water which contains faecal matter for irrigation before such waste water is treated to render it safe from any bacteria harmful to persons or public health.

(5) Notwithstanding subsection (4) no person shall use waste water which contains faecal matter for overhead irrigation except irrigating pasture lands and such waste water shall not be used to irrigate root-crops, vegetables or any other crop that may be eaten raw.

Regulations

88. The Minister, respecting the functions of other ministries and bodies and subject to consultation and working collectively with the Ministers and other persons mentioned in section 81 and the body established under that section, may make regulations-

(a) prohibiting bathing in, and prohibiting or regulating the washing of clothes or other things or articles, or animals drinking from, a place to which waste water drains into or to water suspected of not being clean and healthy;

(b) prohibiting or regulating the use of any water by any person suspected or verified not to be clean and healthy;

(c) prohibiting or regulating the erection or construction of dwellings, sanitary conveniences, stables, cattle kraals, pig sties, ostrich pans, pets, dipping tanks, toilets or other works likely to entail risk or harmful pollution of any water supply;

(d) prohibiting or regulating the deposit in any vicinity of any thing which is or likely to have an adverse effect on public health or anything which is a product of the things mentioned in paragraph (c);

(e) prohibiting the deposit in any place of any filthy or noxious or offensive matter or thing;

(f) as to the setting of drinking water standards, and where the standards are set by another authority, by influencing that authority to set the standards as required for purposes of public health;

(g) likewise as in paragraph (f) set standards for waste water, the requirements of water per person per day at different places and institutions and generally, for the prevention of pollution of water any where and purification of such water, in as far as public health is concerned;

(h) regarding supplies of wholesome water or clean and healthy water;

(i) setting and adopting water quality standards in line with the World Health Organisation standards for drinking water, in consultation with the authority or ministry responsible for that function, if it has not already done so or is not doing so;

(j) prohibiting the use of polluted water supply for whatever purpose, in consultation with or collectively with any other authority or ministry responsible for this function;

(k) prohibiting the pollution of surface and underground water, in consultation with or collectively with any other authority or ministry responsible for this function; and

(l) for any other thing which the Minister may regulate or prohibit for the purpose of this Part.

Offences and penalties

89. (1) Any person who contravenes any provision or requirement of this Part or the regulations made under this Part, for which no punishment is specified in this Act, the Water Act or other legislation commits an offence and is liable, on conviction, to a fine not exceeding ten thousand Emalangeni, and on default of such fine, to imprisonment for a period not exceeding three years.

(2) The Minister may amend, by regulations published in the Gazette, the amount of fines but not the terms of imprisonment under this Part.