KGALAGADI CATCHMENT FORUM NOVEMBER 2012

Transcription

1 FINAL DRAFT MEMORANDUM OF AGREENMENT FOR THE KGALAGADI CATCHMENT FORUM NOVEMBER

2 ABOUT THE KGALAKGADI CATCHMENT FORUM BACKGROUND In the year 2010 Agri Kuruman apprached the Department f Water Affairs: Nrthern Cape Regin, enquiring abut the pssibilities f establishing a Water User Assciatin (WUA) in the Kuruman area. Cncerns raised were mainly with regard t the increased mining activities in the area and the pssible impacts n water resurces. Fllwing numerus cnsultatins with varius stakehlders in the area an agreement was reached t establish a Catchment Frum. This is a Cnsultative Frum that will lk int and versee the issues relating t water resurce management (WRM). Catchment Frums facilitate cnsultatin and participatin in WRM and als assist in develping institutinal capacity and prmte crdinatin. OBJECTIVES The Frum s bjectives will be t: Reprt and versee unlawful water use and suggest actins t be taken by the Department f Water Affairs (DWA). Determine and cmpile stakehlders database and water users in its area f peratin. Establish effective cmmunicatin channels with its members and ther individuals and institutins. Crdinate mnitring netwrk f all water resurces. Facilitate stakehlder cnsultatin and participatin as well as invlving cmmunities in decisins abut water resurce management. COMPOSITION OF THE FORUM Membership t the Frum is vluntary and will be made up f, but nt limited t the fllwing sectrs: Agriculture Mining and Industry Civil Sciety Gvernment Departments District Municipality Lcal Municipality Water Bards Traditinal Cuncils MEMBERS OF THE FORUM Agriculture Agri Kuruman Kudumane Farmers Unin Natinal African Farmers Unin (NAFU) NERPO / AFASA Mining and Industry United Manganese f Kalahari Tshipi é Ntle Manganese Mining Kgalagadi Manganese Mine 2

3 Kudumane Manganese Resurces BHP Billitn Htazel Manganese Mines ASSMANG Black Rck Mine Operatins Aquilla Steel Avntuur (Suth Africa) Sebil Manganese Civil Sciety Babatas Cmmunal Prperty Assciatin Gvernment Departments Department Agriculture, Rural Develpment and Land Refrm Department f Envirnment and Nature Cnservatin Department f Mineral Resurces Department f Rural Develpment and Land Refrm Department f Water Affairs District Municipality Jhn Tal Gaetsewe District Municipality Lcal Municipality Je Mrlng Lcal Municipality Water Bards Sedibeng Water Traditinal Cuncils Ba Ga Mtlhware Traditinal Cuncil 3

4 MEMORANDUM OF AGREEMENT (MOA) Entered int between The Department f Water Affairs (DWA) (Herein referred t as the Department ) Herein represented by ABRAHAM ANDREAS MARTHINUS ABRAHAMS In his/ her capacity as Reginal Head: Nrthern Cape Regin and duly authrised t sign this agreement AND XXXXXXX (Hereinafter referred t as XXX ) Herein represented by XXXXXX in his/her capacity as XXXXX and duly authrised t enter int this agreement regarding the ESTABLISHMENT OF THE KGALAGADI CATCHMENT FORUM. Include all ther parties t this agreement: 1. Agri Kuruman 2. Kudumane Farmers Unin 3. Natinal African Farmers Unin (NAFU) 4. African Farmers Assciatin f Suth Africa 5. United Manganese f Kalahari 6. Tshipi é Ntle Manganese Mining 7. Kgalagadi Manganese Mine 8. Kudumane Manganese Resurces 9. BHP Billitn Htazel Manganese Mines 10. ASSMANG Black Rck Mine Operatins 11. Aquilla Steel Avntuur (Suth Africa) 12. Sebil Manganese 13. Babatas Cmmunal Prperty Assciatin 14. Department Agriculture, Rural Develpment and Land Refrm 15. Department f Envirnment and Nature Cnservatin 16. Department f Mineral Resurces 17. Department f Rural Develpment and Land Refrm 18. Department f Water Affairs 19. Jhn Tal Gaetsewe District Municipality 20. Je Mrlng Lcal Municipality 21. Sedibeng Water 22. Ba Ga Mtlhware Traditinal Cuncil 4

5 1. PREAMBLE WHEREAS the Parties t the Memrandum, recgnised the need t establish a Cnsultative Frum; AND WHEREAS the Parties t the Memrandum cmmitted themselves t develp Terms f Reference (TRs) fr the Frum; AND WHEREAS it has been reslved at the meeting held at Black Rck n Friday, 18 th May 2012 that multi-sectral cperatin is required fr engaging in water resurce management (WRM) issues and als assist in develping institutinal capacity and prmte crdinatin; NOW THEREFORE the Kgalagadi Catchment Frum is established. 2. DEFINITIONS AND INTERPRETATION 2.1 In this agreement, unless if the cntext indicates therwise, the fllwing terms and phrases have the fllwing meanings:- (a) Parties mean the Department f Water Affairs (DWA) and all ther members f the Kgalagadi Catchment Frum; (b) (c) Frum means Kgalagadi Catchment Frum This agreement means Memrandum f Agreement (MOA). 2.2 Clause headings in this agreement are fr cnvenience nly and shall nt be taken int accunt in the interpretatin theref. 2.3 If any prvisin in the definitin clause is a substantive prvisin cnferring rights r impsing bligatins n a party, then ntwithstanding that such prvisin is cntained in this clause, effect shall be given theret as if such prvisin were a substantive prvisin in the bdy f the agreement. 2.4 The singular shall include the plural and vice versa and the masculine gender shall include the feminine and neuter genders and vice versa. 2.5 Unless therwise stated, any meaning ascribed t a wrd, phrase r expressin in this agreement shall have the same meaning wherever it appears, thereafter. 2.6 The parties t this agreement have btained independent legal advice and hereby sign this agreement f their wn free will. 5

6 NOW THEREFORE the Kgalagadi Catchment Frum is established and parties wish t recrd their agreement in writing as fllws: 3. SCOPE OF THIS AGREEMENT 3.1 The Parties enter int this MOA as Kgalagadi Catchment Frum and nthing herein cntained shall be cnstrued as establishing a partnership r jint venture between the parties, nr may any party prfess t represent the ther Party, save with the written cnsent f the ther Party; 3.2 Except as expressly set ut in this MOA, neither Party shall have any bligatin t the ther unless and until such bligatins are set ut in this MOA and duly signed by all the members f the Kgalagadi Catchment Frum. 4. AIMS AND OBJECTIVES The main aims and bjectives f this MOA are: 4.1 T reprt and versee unlawful water use and suggest actins t be taken by the Department f Water Affairsl; 4.2 T determine and cmpile stakehlders and water users in its area f peratin; 4.3 T establish effective cmmunicatin channels with its members and ther individuals and institutins; 4.4 T crdinate, mnitr the netwrk f all water resurces; and 4.5 T facilitate stakehlder cnsultatin and participatin as well as invlving cmmunities in decisins abut water resurce management. 5 MEMBERS OF THE FORUM 5.1 The Frum shall cnsist f nminated members n the basis f vluntary representatives frm each f the different sectrs envisaged in the reslutins f the meeting held n Friday, 20 July The members shall be fit and prper persns wh are cmmitted t the bjectives f the Frum and wh shall serve as members n a vluntary basis. Such representatives shall be as apprpriately nminated by respective stakehlders. 5.3 The Frum shall appint a Chairpersn frm ther representative sectrs in the absence f the DWA. 5.4 Each sectr shall ensure that members f Frum are representative f all cnstituent parts f the sectr and that members prvide cntinuity in their cntributins t the wrk f the Frum. 6 DURATION 6.1 Ntwistanding the date f signature, this MOA shall cmmence n Friday, 18 May 2012 and terminate n the date f the establishment f a Water User Assciatin. 6

7 7. RESPOSIBILITIES OF THE PARTIES 7.1 Frum members must at all times exercise a reasnable degree f care and diligence in perfrming their functins and in furtherance f their duties withut limiting its scpe. 7.2 Frum members must take reasnable steps t infrm themselves abut the frum, its business and activities and the circumstances in which it perates. 7.3 Frum members must take reasnable steps, thrugh the prcesses f the frum, t btain sufficient infrmatin and advice abut all matters t be decided by the frum t enable them t make cnscientius and infrmed decisins. 7.4 Frum members must exercise an active discretin with respect t all matters t be decided by the frum. 8 CONVENING OF THE FORUM 8.1 Meetings f the Frum shall be cnvened by them; 8.2 The Frum shall be assisted by a secretariat prvided by the DWA 8.3 The secretariat shall, under the guidance f the Frum, cnvene a meeting n quarterly basis. 8.4 The Frum shall cnsider its cmpsitin, capacity and cntinued functining after ne year. 8.5 Special meetings are t be cnvened anytime befre r after the scheduled meetings shuld the need s arise r when the situatin s requires. 8.6 The secretarial will ntify the members f the Frum f the special meeting seven wrking days prir t the actual meeting. 8.7 The Frum shall adpt a plan f wrk in rder t achieve the bjectives set ut in the Terms f Reference. 9. REPORTING 9.1 The annual reprt shall be prepared and apprved by the Frum; 9.2 Any reprt by shall be distributed by the members t the entities they represent t be made as widely available as is reasnably pssible. 10. COSTS 10.1 The DWA will bear all expenditure emanating frm secretarial supprt 10.2 All members and stakehlders undertake t bear all csts related t the attendance f Frum meetings. 11. COMMITMENT 11.1 The area f peratin includes the D41K and D41M quaternary drainage areas. 7

8 11.2 The members agree t cllabrate and prvide supprt t meet the bjectives f the Frum. 12. DISPUTE RESOLUTION 12.1 A dispute shall be deemed t have arisen when either Party ntifies the ther Party in writing t that effect; 12.2 The Parties shall use all reasnable effrts t reslve any dispute that may arise under this Agreement thrugh gd faith negtiatins Each Party shall nminate a senir representative f its management t meet at any mutually agreed lcatin t reslve the dispute. In the event that negtiatins d nt result in a mutually acceptable reslutin, the dispute shall be handled in accrdance with clause 12.4; and 12.4 Any dispute r difference arising ut f r relating t this Agreement shall be referred t arbitratin and settled by arbitratin accrding t the rules then in effect f the Arbitratin Fundatin f Suthern Africa. Such arbitratin shall be held at a venue t be agreed by the affected parties, and cnducted in the English language befre ne arbitratr appinted in accrdance with the said rules. These prvisins shall nt prevent either Party t apprach any curt r ther judicial frum having apprpriate jurisdictin. 13. LIABILITY 13.1 Each Party bears the liability arising ut f its wn negligence, wrngful act r missin, and its wn breach f this Agreement Accrdingly, each Party indemnifies the ther against all expenses, lsses, damages and csts arising ut f any wrngful r negligent act r missin by the Party during the executin f this Agreement Neither Party shall be liable t the ther Party fr any indirect r cnsequential lss r damage sustained by the ther Party arising ut f r in cnnectin with this Agreement, and each Party releases the ther frm any such liability. 14. TERMINATION This MOA shall be terminated by either party giving ten (10) business days written ntice t the ther. 15. GENERAL 15.1 The parties d nt intend that any agency r partnership relatinship be created between them by this Agreement and neither Party may bind the ther in any way All additins r mdificatins t this Agreement must be made in writing and must be executed by bth Parties Neither Party may assign r cede any benefit, bligatin r interest they may have in this Agreement t any ther persn withut the prir written cnsent f the ther Party. 8

9 15.4 Neither Party is regarded as having waived, r is precluded in any way frm exercising any right under r arising ut f this Agreement by reasn f such Party having at any time granted any extensin f time fr, r having shwn any indulgency t, the ther Party with reference t any perfrmance f any bligatin under this Agreement, r having failed t enfrce, r delayed in enfrcing any right f actin against the ther party. 16. DOMICILIA The parties chse as their respective dmicilium citandi et executandi fr purpses f this Agreement as set ut hereunder. Department f Water Affairs: Nrthern Cape Regin Physical Address: 28 Central Rad Beacnsfield Kimberley Pstal Address: Private Bag X 6101 Kimberley 8300 Tel : / Fax : / DETAILS OF THE INDIVIDUAL STAKEHOLDERS I, n my capacity as (Designatin) f the (Name f the Institutin) hereby nminate the fllwing individuals t represent ur institutin in the Kgalagadi Catchment Frum: Full Names f the Representative: Tel: Fax: Full Names f the Substitute: Tel: Fax: Name f the Institutin: Physical Address: Pstal Cde Pstal Address: Signature: Date: 9