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South African National Water Resources Infrastructure Agency SOC Limited Act, 2024 (Act No. 34 of 2024)

Chapter 4 : Chief Executive Officer and Chief Financial Officer

23. Appointment and functions of Chief Executive Officer and Chief Financial Officer

 

(1)

(a) The Board must recommend no less than two persons for the appointment of Chief Executive Officer.
(b) The Minister must, after considering the recommendations of the Board, appoint a Chief Executive Officer within six months of—
(i) the initial appointment of the Board following the commencement of this section; or
(ii) a vacancy occurring in the office of the Chief Executive Officer, to ensure that the Agency meets its objects.
(c) The Minister may call for further recommendations from the Board—
(i) if the recruitment process did not meet the requirements set out in subsection (2); or
(ii) if, in the opinion of the Minister, the persons recommended by the Board are not suitable for appointment.

 

(2) The Chief Executive Officer must—
(a) be appointed after an open and transparent recruitment process;
(b) be a fit and proper person with appropriate qualifications and experience which are relevant to ensure the efficient and effective execution of the functions of the Agency; and
(c) not be disqualified on the grounds contemplated in section 13(1).

 

(3) The Chief Executive Officer must—
(a) manage the affairs and day-to-day business of the Agency;
(b) implement the policies and strategies and carry out the decisions of the Board;
(c) recruit and manage the employees of the Agency;
(d) develop an efficient and cost-effective administration; and
(e) act subject to the instructions and directives that the Board may issue.

 

(4) The Chief Executive Officer must, with the approval of the Board, appoint a Chief Financial Officer after an open and transparent recruitment process by inviting applications for the post of Chief Financial Officer.

 

(5) The Chief Financial Officer must—
(a) ensure that risk management policies and procedures of the Agency are in place;
(b) assist the Board to comply with its responsibilities in terms of the Public Finance Management Act;
(c) ensure that all money payable to the Agency is properly collected;
(d) ensure that all money spent by the Agency is properly spent and authorised;
(e) ensure that there is adequate control over all assets acquired for the purposes of the Agency;
(f) ensure that all liabilities incurred on behalf of the Agency are properly authorised;
(g) ensure the efficiency and economy of operations and avoidance of fruitless and wasteful expenditure;
(h) ensure that the financial system is in line with generally accepted accounting practices and procedures; and
(i) ensure that an adequate budgeting and financial system is in place.