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Insertion of sections 82A to 82E in Act 36 of 2005
38. (1) The following sections are hereby inserted in the principal Act, after section
82:
‘‘Appointment of chief executive officer
82A. (1) The Board must, with the approval of the Minister, appoint a 5
CEO to ensure that the Agency meets its objectives.
(2) The Board must invite applications for the post of CEO by publishing
advertisements in the media.
(3) A person appointed as CEO must—
(a) have the qualifications or experience relevant to the functions of the 10
Agency; and
(b) not be disqualified due to any action contemplated in section
81A(1)(b).
Conditions of appointment of CEO
82B. (1) The appointment of the CEO is subject to the conclusion of an 15
annual performance agreement with the Agency.
(2) The CEO is appointed for a term not exceeding five years and may,
subject to the approval of the Minister, be reappointed for one additional
term not exceeding five years.
(3) The CEO holds office on terms and conditions determined by the 20
Board, with the concurrence of the Minister.
(4) The CEO is a member of the Board by virtue of his or her office.
(5) The CEO is entitled to a remuneration package determined by the
Board with the concurrence of the Minister and the Minister of Finance.
(6) The CEO is accountable to the Board.
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Termination of employment of CEO
82C. (1) The Board must, with the concurrence of the Minister and
subject to the Promotion of Administrative Justice Act, 2000 (Act No. 3 of
2000), and applicable labour legislation, terminate the employment of the
CEO—
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(a) for misconduct; or
(b) for failing to perform the duties connected with that office diligently.
(2) The Board may suspend the services of the CEO pending the finding
of any misconduct proceedings against him or her, during which period the
CEO is also suspended as member of the Board.
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(3) The CEO must vacate the office if he or she becomes disqualified
from membership of the Board due to any action contemplated in section
81A(1)(b).
(4) The CEO may resign on written notice of at least 30 days to the
chairperson of the Board.
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Acting chief executive officer
82D. (1) The Board may in writing appoint any senior employee of the
Agency to act as CEO when the holder of that office—
(a) is temporarily unable to perform the duties connected with that office;
(b) has been suspended from office; or
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(c) has vacated or been removed from that office and a new CEO has not
yet been appointed.
(2) An acting chief executive officer may exercise all the powers and
must perform all the duties of the CEO, as the case may be.