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National Ports Act, 2005 (Act No. 12 of 2005)

Chapter 4 : Board, Staff and Assets of Authority

16. Functions of Board

 

(1) The Board represents the Authority and all actions performed by the Board in terms of this Act and within its authority are deemed to be actions of the Authority.

 

(2) The Board—
(a) approves the strategic and business plans of the Authority, including budgets, pricing mechanisms policy and financing arrangements;
(b) institutes the necessary control measures to ensure that the Authority is managed and operated in accordance with sound business principles;
(c) approves port reform measures, including concession agreements contemplated in section 56;
(d) ensures that small and medium-sized enterprises owned by historically disadvantaged groups have an equitable opportunity to participate in the operations of facilities in the ports environment;
(e) appoints and enters into a performance contract with the chief executive officer of the Authority;
(f) sets criteria and policy for the effective execution of the Authority’s regulatory and control functions;
(g) evaluates the overall policy for the development, improvement and extension of ports;
(h) approves the sale, acquisition and long-term lease of property in ports;
(i) approves the long-term lease of land;
(j) maintains sound relations with the State and other industry stakeholders;
(k) approves contracts for major works and purchases subject to section 54 of the PFMA;
(l) approves the appointment of senior executive employees of the Authority; and
(m) gives effect to the Government’s national commercial ports policy.

 

(3) Nothing in subsection (1) precludes the Board from performing any function reasonably necessary for the effective and economic management, planning, operation and control of ports and which is not in conflict with this Act.

 

(4) Under no circumstances should land within ports owned by the Authority be sold.