The Water and Sanitation Department tried to sneak in a clause in the National Water Resources Infrastructure Agency SOC Limited Bill that was rejected by the portfolio committee.
But committee members couldn't be fooled and told the department to remove it.
According to the committee, clause 5 of the draft bill gives the agency more power, which is not in line with the National Water Act of 36 of 1998 nor the Water Services Act 107 of 1997.
The bill reads, "A provision of the Companies Act does not apply if (a) any special or contrary arrangement is made in this Act, or (b) that provision is clearly inappropriate or inapplicable."
Committee chairman Robert Mashego said the bill was inconsistent with the act as it says if the agency did something which is against the act, the agency's bill must override the act.
"We are creating an agency that if it is found that in its working is in contradiction with the act, the agency bill must reign supreme," he said.
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Parliament legal advisor Phumelele Ngema explained that the provision was to ensure should there be conflict and confusion, it was clear who overrides who between the standing legislation.
Democratic Alliance (DA) MP Stephen Moore reminded Ngema that in the meeting on 6 February, the committee unanimously agreed that the clause must be removed.
He said he was concerned that the department tried to bring it back to the bill with a different wording.
"I thought, as a committee, we were quite unified on a couple of things, and I don't feel those things are represented in this document. I don't know what purpose going clause by clause was if our suggestions are not going to be captured in the committee documents of suggestions," he said.
Ngema conceded and said they will remove it,
"I hear the decision of the chairperson and committee members. We will then take it out," she said.
However, she said if the clause was rejected in its entirety, they would have to relook at the bill to ensure the bill before parliament remains reading coherently and correctly.
She warned members that there would be consequences for its removal.
The department's representative said they inserted a clause for ease of doing business and to avoid having to frequently approach parliament to amend our act accordingly since the company act tends to change all the time.
The bill aims to respond to the country's urgent need for mega water resource infrastructural projects, but it should not replace or supersede the National Water Act of 36 of 1998 nor the Water Services Act 107 of 1997 but is read with these pieces and all other legislation.
The committee also adopted a new definition of "waterwork".
"Waterwork means a government waterwork owned or controlled by the Minister and included any borehole, dam, weir, canal, pipeline, siphon, pump station, reservoir, structure, earthwork or equipment used for or in connection with water use."
Al Jama-ah leader Ganief Hendricks said there must be civilian oversight of the agency.
"Most people working in agencies are criminals. That's my viewpoint. We should never allow agencies to continue criminalising our water and people dying of thirst," he said.
