Acts Online
GT Shield

National Energy Act, 2008 (Act No. 34 of 2008)

Chapter 4 : South African National Energy Development Institute

8. Constitution of South African National Energy Development Institute

 

1) Subject to this Act, the South African National Energy Development Institute is managed and controlled by a Board, which—
a) must determine the South African National Energy Development Institute's policies and procedures;
b) must exercise control over the performance of the South African National Energy Development Institute's functions; and
c) has the same powers and authority as are conferred upon the South African National Energy Development Institute in terms of this Act.

 

2) The Minister must, after consultation with the Minister of Science and Technology, appoint as members of the Board—
a) a Chairperson;
b) a Deputy Chairperson;
c) representatives from the Departments of Minerals and Energy, Trade and Industry, Science and Technology, Environmental Affairs and Tourism and Transport; and
d) two other suitably qualified persons.

 

3) The Chief Executive Officer appointed in terms of section 11, or if unavailable, an employee of the South African National Energy Development Institute designated by the Chief Executive Officer, must attend all meetings of the Board and has the right to speak, but not to vote, at such meetings.

 

4) If the Chairperson cannot perform his or her duties, the Deputy Chairperson must perform such duties until the Chairperson can resume his or her duties or until the Minister, after consultation with the Minister of Science and Technology, has appointed a replacement for him or her.

 

5) The Chairperson or Deputy Chairperson presides at any meeting of the Board.

 

6) A member of the Board, excluding the Chief Executive Officer, holds office for a period not exceeding four years, but may be reappointed.

 

7) A member of the Board must vacate his or her office if he or she—
a) becomes of unsound mind;
b) resigns by written notification to the Minister of at least one month;
c) in the case of members appointed in terms of subsection (2)(c), resigns from his or her respective department; or
d) materially fails to perform any duty imposed on him or her in terms of this Act.

 

8) The members of the Board, with the exclusion of those members who are in the full-time employment of an organ of the state, must be appointed on such conditions, including conditions relating to the payment of remuneration and allowances, as the Minister may, with the concurrence of the Ministers of Finance and Science and Technology, determine.

 

9) The members of the Board must be persons who have relevant qualifications and experience or who have special knowledge or experience in relation to one or other aspect of the South African National Energy Development Institute's functions.

 

10) Upon appointment, every member of the Board must disclose to the Minister and to the Board—
a) his or her pecuniary interest in any person, firm, association or company engaged in any of the functions of the South African National Energy Development Institute; and
b) if his or her spouse, life partner, parent or child is in the employ of, or acts as a consultant to, or has any relationship with, any person, firm, association or company engaged in any of the functions of the South African National Energy Development Institute.

 

11) If a member of the Board acquires an interest contemplated in subsection 10(a) or (b), such member must immediately, in writing, declare that fact to the Minister and Board.

 

12) The Minister may, from time to time, reserve any matter provided for in this Act, as a matter in respect of which a decision of the Board will be subject to the consent of the Minister and the Minister of Science and Technology.

 

13) The Minister and the Minister of Finance may jointly from time to lime reserve any financial matter provided for in this Act, as a matter in respect of which a decision of the Board shall be subject to the consent of the Minister with the concurrence of the Minister of Finance.