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The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024)

Chapter 4 : Establishment of Institutions

Part A : Transport Economic Regulator

34. Regulator's executive structures

 

(1) The powers and functions of the Regulator are to be exercised and performed, in accordance with this Act and the Regulations, by its Executive Officers, staff and contractors, functioning within the following offices and structures:
(a) The Chief Executive Officer, who—
(i) has the powers and functions set out in section 35 or elsewhere in this Act; and
(ii) is appointed in terms of section 36;
(b) a number of Executive Officers, as—
(i) established by the Board on the recommendation of the Chief Executive Officer in terms of subsection (2); and
(ii) appointed in terms of section 36;
(c) the Executive Regulatory Panel, as described in subsection (4); and
(d) the Executive Administrative Committee, as described in subsection (5).

 

(2) The Chief Executive Officer must recommend to the Board the establishment of at least three positions to be filled by Executive Officers, and the proposed mandate for each of those positions.

 

(3) Each Executive Officer is responsible for matters pertaining to the functions of the Regulator, as assigned by the Chief Executive Officer.

 

(4) The Executive Regulatory Panel—
(a) comprises the Chief Executive Officer and a minimum of three Executive Officers;
(b) collectively makes decisions on all regulatory matters in terms of this Act; and
(c) must establish and publish internal procedures governing the consideration of the regulatory matters assigned to it and the issuing of regulatory decisions, which must include, at a minimum, the following:
(i) time frames for the consideration of relevant matters;
(ii) information for public dissemination;
(iii) treatment of confidential information; and
(iv) review of impact of regulatory decisions.

 

(5) The Executive Administrative Committee—
(a) comprises the Chief Executive Officer and any other officers or staff of the Regulator, as determined by the Board on the recommendation of the Chief Executive Officer; and
(b) considers and may determine internal administrative matters concerning the functioning of the Regulator.

 

(6) The Board, on the recommendation of the Chief Executive Officer, may establish other Executive committees to address particular matters.