Statistics Act, 1999
R 385
Road Traffic Management Corporation Act, 1999 (Act No. 20 of 1999)Chapter 2 : Establishment and governance of Road Traffic Management Corporation8. Appointment of and delegation to board |
| (1) | The Shareholders Committee may, subject to subsection (2), establish a board for the Corporation consisting of the chief executive officer and a maximum of eight persons appointed by that Committee. |
| (2) | The appointed members of the board must be persons from the public and private sectors with proven expertise and competency in the field of corporate management, commerce, commercial banking, financing and road traffic affairs. |
| (3) | The Shareholders Committee must, before appointing a board, come to a decision as to— |
| (a) | the powers which may be delegated to the board after its appointment; and |
| (b) | the conditions it thinks fit to impose in respect of the exercise of delegated powers. |
| (4) | The Shareholders Committee may, in writing, delegate to the board any of the powers contemplated in subsection (3)(a). |
| (5) | The Shareholders Committee may continue to issue directives in terms of section 13 with regard to powers delegated to the board. |
| (6) | The board must exercise the powers delegated in terms of subsection (4) subject to the conditions, if any, contemplated in subsection (3)(b). |
| (7) | The Shareholders Committee may, at any time, withdraw a delegation effected in terms of this section. |
| (8) | Any delegation in terms of subsection (4) does not prohibit the Shareholders Committee from exercising the delegated power. |
| (9) | In determining the composition of the board as contemplated in subsection (2), the Shareholders Committee must take into account the nature of the powers that may be delegated to the board. |
| (10) | The Shareholders Committee may only appoint members of the board after— |
| (a) | the Shareholders Committee has, by notice in the Gazette, every Provincial Gazette and the media, called for nominations for members of the board; |
| (b) | the Shareholders Committee has submitted a list of suitable candidates to the committees of Parliament responsible for road traffic matters; |
| (c) | the committees of Parliament responsible for road traffic matters has submitted a short-list of candidates to the Shareholders Committee; and |
| (d) | the Shareholders Committee has, by notice in the Gazette, every Provincial Gazette and the media, published the short-list referred to in paragraph (c) and called for public comment or objections to be submitted by not later than a date specified in such notice. |
| (11) | The Shareholders Committee must, within one month after the appointment of the members of the board, publish a list of the members by notice in the Gazette, every Provincial Gazette and the media. |
| (12) | The members of the board hold office on the terms and conditions, including remuneration and allowances, as may be prescribed after consultation with the Minister of Finance. |
| (13) | The Shareholders Committee must designate one of the members of the board as the chairperson until the board has met and is able to elect its presiding officers. |
| (14) | The first meeting of the board must be held at the place and time specified by the Shareholders Committee. |
| (15) | board must determine the procedure in respect of its meetings and decisions. |
