54
GOVERNMENT
No. 23708
Act No. 25,2002
GAZETTE, 2 AUGUST 2002
ELECTRONIC
COMMUNICATIONS
AND
TRANSACTIONS ACT. 2002
the determination through arbitration of any dispute concerning the interpretation of the memorandum and articles of association of the Authority;
( j ) the delegation of powers and assignment of duties to directors, committees
and employees: Provided that the Board may(i) not be divested of any power or duty by virtue of the delegation or 5
assignment; and
(ii) vary or set aside any decision made under any delegation or in terms of
any assignment;
( k ) the procedures and criteria for the establishment and disestablishment of
second level domains and for delegations to such domains;
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(1) appealmechanisms;
( m ) the tenure of directors;
( T I ) the circumstances under and the manner in which a directorship is terminated;
(0) criteria for the disqualification of directors;
(11) the method of determining the allowances to be paid to directors for attending IS
meetings; and
( 9 ) the powers and duties of directors.
(i)
Part 2
Governance and staffing of Authority
Board of directors of Authority
62. ( 1 ) The Authority is managed and controlled by a Board of Directors consisting of
nine directors. one of whom is the chairperson.
( 2 )The process of appointment is the following:
(01 The Minister must appoint an independent selection panel consisting of five
persons. who command public respect for their fair-mindedness, wisdom and
understanding of issues concerning the Internet, culture, language, academia
and business, the names of whom must be placed in a notice in the Gazette;
( b ) the Minister must invitenominations for members of the Board from the
public through newspapers which have generalcirculationthroughoutthe
Republic,on-line news services,radio and by notice in the Gazette;
( c ) nominations must be made to the panel established in terms of paragraph (a);
(d) the panel must recommend to theMinisternames
of nine persons to be
appointed to the Board taking into accountthe sectors of stakeholders listed in
subsection (3)lb):
( e ) if the Minister is not satisfied that the recommendations of the panel comply
with subsection (3) the Minister may request thepanel
to reviewits
recommendations and make new ones;
If) the Minister must appoint the members of the Board. and publish the names of
those appointed in the Gacette;
( g ) the MinistermustappointtheChairperson
of the Board fromamong the
names recommended by the panel.
( 3 ) ( a ) The Board, u.hen viewed collectively, must be broadly representative of the
demographics of the country, including having regard to gender and disability.
(17) Sectors of stakeholders contemplated in subsection ( 2 ) ( d )areThe
(ij
existing Domain
community;
Name
(ii) Academic and legal sectors;
(iii)Science, technology and engineering sectors;
(iv)
Labour;
(v) Business and the private sector;
(vi) Culture and language;
(vii)Publicsector;
(viii)Internet user community.
(4) Directors must be persons who are committed to fairness,openness
and
accountability and to the objects of this Act.
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4s
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