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No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(b) must conduct research into and keep abreast of developments in the Republic
and elsewhere on information communication technology, electronic communications services and electronic communications facilities;
(c) must continually survey and evaluate the extent to which universal access and
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service have been achieved;
(d) may issue information from time to time on the provision of electronic
communications services and electronic communications networks in the
Republic and access thereto;
(e) must, when so requested by the Minister, make recommendations to the
Minister in relation to policy on any matter relating to universal access and 10
universal service;
(f) must, when so requested by the Authority, advise the Authority on any matter
relating to universal access and universal service;
(g) must continually evaluate the effectiveness of this Act and things done in
terms thereof towards the achievement of the goal of universal access and 15
universal service;
(h) may liaise, consult and co-operate with any person or authority;
(i) may appoint experts and other consultants on such conditions as the Agency
may determine.
(5) The Agency must manage the Universal Service and Access Fund in accordance 20
with the provisions of this Chapter.
CEO and staff of Agency
83. (1) The Agency is under the direction and control of the CEO appointed by the
Board.
(2) The CEO—
(a) must be a suitably qualified and experienced person;
(b) is subject to the direction and oversight of the board in the performance of all
financial and administrative functions as well as other work as may arise from
the performance of the Agency’s functions under this Act; and
(c) must exercise any powers delegated to him or her by the board.
(3) Without derogating from his or her general powers, duties and functions as set
forth in this section, the CEO must—
(a) approve of expenditures from the universal service and access fund;
(b) conduct competitive tenders in terms of section 90 and make recommendations to the board.
(4) The CEO must enter into a performance agreement with the Board. The
perfomance agreement must, amongst other things—
(a) set appropriate key performance indicators; and
(b) set measurable perfomance targets.
(5) The CEO must employ a staff, including senior management and such other
persons as may be necessary to assist him or her with the performance of the functions
of the Agency.
(6) The staff of the Agency is accountable to and must enter into a performance
agreement with the CEO.
(7) The CEO must manage and direct the activities of the Agency.
(8) The CEO must, in the selection of the staff of the Agency—
(a) promote the empowerment of historically disadvantaged persons, including
women, the youth and people with disabilities;
(b) subject to paragraph (a), apply equal opportunity employment practices.
(9) The CEO and other staff of the Agency must be appointed on the grounds of their
qualifications, expertise or experience in the fields, when viewed collectively, of
development planning, community development, social sciences, economics, electronic
communications and publicity.
(10) A person may not be appointed or continue in office as CEO or other member of
the staff of the Agency if he or she becomes unfit to hold the office or becomes
incapacitated.
(11) The CEO of the Agency must be appointed for such period not exceeding five
years as may be determined when he or she is appointed.
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