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South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998)

Chapter 2 : Board of Authority and Staff

Part 1 : Board

12. Constitution of Board and terms and conditions of appointment

 

(1) The Board of the Authority consists of the following members:
(a) A Chairperson;
(bA) if the Minister specifies an office in the Department for the purposes of this subsection, the person for the time being holding that office.

[Section 12(1)(bA) inserted by section 7(a) of Act No. 42 of 2007]

(c) the Chief Executive Officer, by virtue of the office; and
(d) two to four other members.

 

(1A) The members contemplated in subsection (1)(bA) and (c) do not have voting rights.

[Section 12(1A) inserted by section 7(b) of Act No. 42 of 2007]

 

(2) The members, other than the Chief Executive Officer, are part-time members.

 

(3) The members mentioned in subsection (1)(a), (b) and (d)—
(a) are appointed by the Minister from a list of names of persons which, at the Minister’s request by notice in the media, have been submitted to him or her within the period specified in the notice by any person or body having an interest in the maritime or related industry; and
(b) hold office on such terms and conditions as the Minister determines in writing.

 

(4) The Minister may appoint a person as a member only if the Minister is satisfied that the person has suitable expertise in one or more of the following—
(a) Shipping industry;
(b) maritime law;
(c) organized labour in maritime;
(d) corporate governance;
(e) environmental management.

[Section 12(4) substituted by section 7(c) of Act No. 42 of 2007]

 

(4A) The Minister must, within 30 days from the date of appointment of a member or alternate member of the Board, notify Parliament of such appointment and publish a notice in the Gazette.

[Section 12(4A) inserted by section 7(d) of Act No. 42 of 2007]

 

(5) The carrying out of duties and the exercise of the powers of the Authority is not affected merely because of a vacancy in the membership of the Board.

 

(6) The Board performs the functions of the Authority in terms of this Act by resolution in terms of sections 19, 20 and 21.