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National Radioactive Waste Disposal Institute Act, 2008 (Act No. 53 of 2008)

Chapter 2 : National Radioactive Waste Disposal Institute

7. Board of Institute

 

1) The Institute is governed and controlled, in accordance with this Act, by a board of directors.

 

2) The board consists of—
a) an official of the Department designated by the Minister;
b) an official nominated by the Department of Environmental Affairs and Tourism and appointed by the Minister;
c) an official nominated by the Department of Water Affairs and Forestry and appointed by the Minister;
d) an official nominated by the Department of Health and appointed by the Minister;
e) not more than five other directors;
f) the Chief Executive Officer of the Institute; and
g) the Chief Financial Officer of the Institute.

 

3) The board is responsible for the general management and control of the Institute, and must ensure that the functions of the Institute referred to in section 5 are carried out.

 

4) The board represents the Institute and all acts performed by the board are the acts of the Institute.

 

5) The board must forward the report referred to in section 17(2)(c), as approved by it, to the Minister within three months of the end of the financial year.

 

6) The Minister must, from among the directors of the board referred to in subsection (2)(e), appoint a chairperson and a deputy chairperson.

 

7) The directors contemplated in subsection (2)(e) are appointed by the Minister, on the basis of their qualifications and knowledge.

 

8) Before appointing the directors of the board referred to in subsection (2)(e) the Minister must—
a) through the media and by notice in the Gazette, invite nominations of suitable persons from members of the public as candidates for the relevant positions on the board;
b) appoint a panel to compile a shortlist of not more than 15 candidates from the persons so nominated in terms of paragraph (a).

 

9) The Minister may, for a director appointed in terms of subsection (2)(a), (b), (c) or (d), appoint a suitably qualified alternate director to act in that director's place during his or her absence.

 

10) If a director dies or vacates office, the Minister may, subject to subsection (8), appoint another person as a director, who serves for the unexpired portion of the predecessor's term of office.

 

11) If the board, in any particular case, fails to perform any function imposed on it in terms of this Act, the Minister may, in writing, order the board to perform such function.

 

12) The board must ensure that any order issued under subsection (10) is complied with.

 

13) If the board fails to comply with an order contemplated in subsection (10), the Minister may dissolve the board.

 

14) When the Minister dissolves the board in terms of subsection (12), the Minister may appoint an interim body for the continued governance and control of the affairs of the Institute, on such conditions as the Minister may determine, until a new board is appointed.

 

15) Within 30 days of appointment of a person as a director of the board, he or she must submit to the Minister and the board a written statement in which he or she declares whether or not she has any interest contemplated in subsection 16.

 

16) If any director of the board acquires or contemplates acquiring an interest which could possibly be an interest contemplated in subsection (16), he or she must immediately and in writing declare that fact to the Minister and the board.

 

17) A director of the board may not take part in the discussion of any matter before the board in which that director or his or her spouse, life partner, family member, business partner or associate or employer, other than the State, has a direct or indirect financial interest.