34
the [retail] wholesale rate charged to it by the electronic communications
network service licensee for the facilities in question, which discount shall
be passed on to the schools and other institutions mentioned in subsection
(1).
(4) The implementation of this section must be in the manner prescribed. 5
[(5) The Minister may, in consultation with the Minister responsible
for Education, declare categories of independent schools or private
further education and training institutions to be entitled to the
discount mentioned in subsection (1).]
(6) The Agency may pay the charge contemplated in subsection (1) on 10
behalf of any school or other institution contemplated in subsection (1), in
which event the Agency is entitled to the discount mentioned in subsection
(1).’’.
Insertion of sections 79A and 79B in Act 36 of 2005
34. The following sections are hereby inserted in the principal Act, after section 79: 15
‘‘Limitation of liability
79A. No person in the employ of a 112 Emergency Centre, including the
State, shall be liable for any damage or loss suffered by any person in
consequence of any act which in good faith was performed or omitted in the
performance of any function in terms of this Act.
20
Provision of information
79B. (1) Subject to the Promotion of Access to Information Act, 2000
(Act No. 2 of 2000), the Minister may, in writing, require the Authority or
the Agency, or any other person to provide, within a reasonable time or on
a regular basis, any data, information or documents to the Minister that are 25
required for the purposes of the performance of the functions of the
Minister.
(2) A notice under subsection (1) may also indicate the manner in which
the information must be furnished and, if required, how the information
must be verified.
30
(3) When information is requested by the Minister the relevant person
may request the Minister to treat specific information as confidential, and
for that purpose section 4D of the ICASA Act applies with the changes
required by the context.’’.
Amendment of section 80 of Act 36 of 2005
35
35. Section 80 of the principal Act is hereby amended by the addition of the following
subsection:
‘‘(4) The Agency is subject to the Public Finance Management Act, 1999 (Act
No. 1 of 1999).’’.
Insertion of section 81A in Act 36 of 2005
40
36. The following section is hereby inserted in the principal Act, after section 81:
‘‘Fiduciary duties of Board members, and removal and dissolution
81A. In addition to any other applicable law relating to the fiduciary
duties of members of a board, the following shall apply to members of the
Board:
45
(a) A member of the Board may not be present, or take part in, the
discussion of or the taking of a decision on any matter before the
Board in which that member or his or her family member, business
partner or associate has a direct or indirect interest.