Promotion of Access to Information Act, 2000
R 385
South African National Water Resources Infrastructure Agency SOC Limited Act, 2024 (Act No. 34 of 2024)Chapter 3 : Governance of Agency10. Appointment of non-executive Board members |
| (1) | The Minister must, by notice in at least two newspapers that have general circulation throughout the Republic of South Africa and by notice in the Gazette, invite nominations for non-executive members of the Board contemplated in section 7(3)(iii). |
(2)
| (a) | The Minister must establish a nominations committee consisting of no less than 3 and no more than 5 persons, one of which must be the chairperson of the nominations committee. |
| (b) | The nominations committee must make recommendations to the Minister for the appointment of the non-executive members of the Board from the nominations received pursuant to the invitation in terms of subsection (1). |
| (3) | In establishing a nominations committee, the Minister must— |
| (a) | ensure that the nominations committee is constituted with members that are fit and proper, suitably qualified and experienced in the areas referred to in subsection (4)(a)(i)-(iii); and |
| (b) | ensure that the nominations committee is broadly representative of race, gender, disability and the geographical spread of the Republic of South Africa. |
| (4) | The nominations committee, in making recommendations to the Minister, must consider— |
| (a) | the proven skills, knowledge, experience and professional registrations of an applicant in areas of— |
| (i) | governance, audit, legal and risk management; |
| (ii) | project finance, treasury management and financial management; |
| (iii) | water resources infrastructure development, operations and management; |
| (iv) | social development and poverty eradication; |
| (v) | economic management and development; |
| (vi) | corporate governance compliance; |
| (vii) | operation and maintenance of national water resources infrastructure; |
| (viii) | human resource management; and |
| (ix) | environmental management and compliance, necessary for the efficient and effective exercising of the Board’s powers and performing its duties; and |
| (b) | the need for representation of previously disadvantaged persons due to past racial, gender and any other form of discrimination. |
| (5) | The nominations committee, in making its recommendations, must include members with at least 10 years’ experience, where each member should be at least one of the following— |
| (a) | a chief financial officer of a listed company; |
| (b) | a senior engineer in a management position in the water sector; |
| (c) | an attorney or advocate of the High Court of South Africa with experience in commercial law and the law governing public entities; |
| (d) | a senior representative of organised business with substantial experience of major water-dependent sectors of the economy; or |
| (e) | an experienced civil society leader with knowledge and skills in the built environment field with experience in water, sanitation and civil engineering. |
| (6) | The nominations committee, in making recommendations to the Minister, must recommend no less than 50 percent more than the prospective number of non-executive Board members required. |
| (7) | The Minister must appoint— |
| (a) | the two non-executive members of the Board, which consists of— |
| (i) | one member designated by the Minister as referred to in section 7(3)(b)(i); |
| (ii) | one suitably qualified and experienced member designated by the Minister of Finance as referred to in section 7(3)(b)(ii); and |
| (b) | the other non-executive members of the Board from suitable persons recommended by the nominations committee as contemplated in subsection (2)(b). |
| (8) | If insufficient number of suitable persons are recommended in terms of this section, the Minister may appoint those suitable and recommit to the nominations Committee the outstanding number in line with subsection (1), (2), (3), (4) and (5), whilst confirming the appointment of those designated and must be appointed in terms of subsection (7). |
| (9) | The Minister must, by notice in the Gazette and within 30 days after the appointment of the members of the Board, publish the names of members and the date of commencement of their terms of office. |
