104
No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(12) The CEO and other employees of the Agency hold office on such conditions as
to remuneration and otherwise—
(a) in the case of the CEO, as the Minister may determine with the concurrence of
the Minister of Finance;
(b) in the case of other employees, as the CEO may determine with the
concurrence of the Minister and the Minister of Finance.
(13) Different periods and conditions may be determined under subsections (11) or
(12) in respect of different employees.
5
Financing of Agency
84. (1) The operating and capital costs of the Agency must be financed from money 10
appropriated by Parliament from time to time for that purpose.
(2) The Agency must utilise any money contemplated in subsection (1) in accordance
with the statement of estimated income and expenditure referred to in subsection (3).
(3) The Agency—
(a) must in each financial year, at a time determined by the Minister, submit a 15
statement of estimated income and expenditure for the following financial
year to the Minister for his or her approval, granted with the concurrence of
the Minister of Finance; and
(b) may in any financial year submit adjusted statements of estimated income and
expenditure to the Minister for his or her approval, granted with the 20
concurrence of the Minister of Finance.
Banking account
85. The Agency must, with the approval of the Director-General, open and maintain
with a bank, registered as such in terms of the Banks Act, 1990 (Act No. 94 of 1990), an
account in which there must be deposited the money received by the Agency and from 25
which payments for it or on its behalf may be made.
Annual and other reports
86. (1) The Agency must submit to the Minister—
(a) such information and particulars as he or she may from time to time, in
30
writing, require in connection with the activities of the Agency; and
(b) a report in regard to the functions, affairs and activities of the Agency,
annually and as soon as is reasonably practicable after the end of each period
of 12 months ending on 31 March, in respect of such period.
(2) Without derogating from the generality of the provisions of subsection (1), the
35
annual report must, among others, include—
(a) information regarding progress towards achieving the goal of universal
service; and
(b) such other information as the Minister may determine.
(3) The Minister must table a copy of the annual report in Parliament within 30 days
after it is received by him or her if Parliament is then in ordinary session or, if Parliament 40
is not then in ordinary session, within 30 days after the commencement of its next
ordinary session.
Continued existence and control of Universal Service Fund
87. (1) Despite the repeal of the Telecommunications Act by this Act, the Universal
Service Fund established in terms of section 65(1) of the Telecommunications Act 45
continues to exist in terms of this Act and will henceforth be called the Universal Service
and Access Fund, and the Agency must keep account of the Fund in its books and credit
the Fund with—
(a) universal service contributions referred to in section 89; and
(b) money accruing to the Universal Service and Access Fund from any other 50
source.
(2) All money received, the amounts of which in terms of subsection (1) must be
credited to the Universal Service and Access Fund in the books of the Agency, must be
paid into the National Revenue Fund established by section 185 of the Constitution.