| (1) |
The Commission shall appoint in its service a person as the chief executive officer of the Commission and four other persons as secretaries to the Commission, the Committee on Human Rights Violations, the Committee on Amnesty and the Committee on Reparation and Rehabilitation, respectively. |
| (2) |
The chief executive officer— |
| (a) |
shall for the purposes of section 15 of the Exchequer Act, 1975 (Act 66 of 1975 ), be the accounting officer in respect of all State moneys received in respect of and paid out of the account of the Commission referred to in subsection (4), and shall keep proper accounting records of all financial transactions of the Commission; |
| (b) |
shall carry out such duties and perform such functions as the Commission may from time to time impose upon or assign to him or her in order to achieve the objectives of the Commission. |
| (3) |
The expenses in connection with the exercise of the powers, the performance of the functions and the carrying out of the duties of the Commission shall be defrayed out of money appropriated by Parliament for that purpose. |
| (4) |
The Commission shall, in consultation with the Minister of Finance, open an account with a banking institution, into which shall be deposited all moneys appropriated as mentioned in subsection (3) and from which all money required to pay for the expenses so mentioned shall be paid. |
(5)
| (a) |
The Commission shall within three months from the date referred to in section 7(3), for the first financial year, and thereafter in each financial year for the following financial year, in a format determined by the Audit Commission established by section 2 of the Audit Arrangements Act, 1992 (Act 122 of 1992), prepare the necessary estimate of revenue and expenditure of the Commission, which shall, after consultation with the said Audit Commission, be submitted to the Minister for his or her approval, granted in concurrence with the Minister of Finance, for furtherance in terms of subsection (3). |
| (b) |
The Commission shall not incur any expenditure which exceeds the total amount approved in terms of paragraph (a). |
| (6) |
As from the date on which the Commission is dissolved in terms of section 43(3) and after all the expenses referred to in subsection (3) have been paid, the account opened in terms of subsection (4) shall be closed and the balance of the moneys deposited into that account, if any, shall be transferred to the fiscus. |
(7)
| (a) |
Upon the dissolution of the Commission, subject to subsection (6), all assets, including intellectual property rights, monies and liabilities of the Commission, shall revert to the Department of Justice to be dealt with according to law. |
| (i) |
have the authority to wind up the affairs of the Commission; and |
| (ii) |
for the purposes of any legal relationships, including legal proceedings involving the Commission, be the legal successor of the Commission. |
[Subsection (7) inserted by section 3 of Act No. 33 of 1998.]
Older Persons Act, 2006
