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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

24. Terms of office and conditions of appointment of Chief Executive Officer and Chief Financial Officer

 

(1) The Chief Executive Officer and the Chief Financial Officer are appointed on a full-time basis for a term not exceeding five years.

 

(2) The Chief Executive Officer may be re-appointed for one additional term not exceeding five years, by the Minister, after consultation with the Board.

 

(3) The Chief Financial Officer may be re-appointed for one additional term not exceeding five years, by the Chief Executive Officer, after consultation with the Board.

 

(4)

(a) The Chief Executive Officer holds office on the terms and conditions, including those relating to remuneration and allowances, as the Minister may determine in writing, in consultation with the Minister of Finance and after considering the recommendations of the Board.
(b) The Chief Financial Officer holds office on the terms and conditions, including those relating to remuneration and allowances, as the Minister may determine in writing, in consultation with the Minister of Finance and after considering the recommendations of the Board.

 

(5) The Board must enter into an annual performance agreement with the Chief Executive Officer and the Chief Financial Officer stipulating measurable objectives relating to the performance of that officer’s functions under this Act, that are aligned with the key performance indicators included in the shareholder’s compact.

 

(6) The Chief Executive Officer and the Chief Financial Officer are accountable to the Board.

 

(7) Subject to the Labour Relations Act, 1995 (Act No. 66 of 1995), the Minister may on recommendation of the Board terminate the services of the Chief Executive Officer—
(a) for any sound and compelling reasons such as—
(i) an irretrievable breakdown of trust or working relationship between the Chief Executive Officer and the Board or the Minister as sole shareholder; and
(ii) refusal to execute lawful instructions issued by the Board or the Minister; and
(b) in terms of his or her contract of employment.

 

(8) Subject to the Labour Relations Act, 1995 (Act No. 66 of 1995), the Chief Executive Officer may on recommendation of the Board, terminate the services of the Chief Financial Officer—
(a) for any sound and compelling reasons such as—
(i) an irretrievable breakdown of trust or working relationship between the Chief Financial Officer and the Board or the Minister as sole shareholder; and
(ii) refusal to execute lawful instructions issued by the Board or the Minister; and
(b) in terms of his or her contract of employment.