Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 6Part 3 : Director of Civil Aviation Authority85. Appointment and removal of Director |
| (1) | The Director may be appointed only after— |
| (a) | the Minister has by notice in the Gazette and the media invited interested parties to apply, or be nominated for appointment; |
| (b) | the Minister has compiled a shortlist of suitable persons nominated or who have applied, in terms of subparagraph (a), who are eligible to be appointed as Director, and published such list in the Gazette for public comment for a period of not less than 30 days. |
| (2) | After receipt of the comments referred to in subsection (1)(b), and the evaluation of the persons referred to in that subsection, the Minister must appoint the Director and notify Parliament within 30 days of such appointment. |
| (3) | When appointing the Director in terms of subsection (1) the Minister must take into account the following factors: |
| (a) | Such person's management and aviation technical knowledge and experience; and |
| (b) | such person's suitability and competence for the efficient discharge of the Director's powers and duties under this Act. |
| (4) | The Director holds his or her office for a period not exceeding five years. |
| (5) | The Director is appointed on such conditions as may be agreed upon by the Minister and the Director, including conditions providing for remuneration and allowances as the Minister determines after consultation with the Minister of Finance and the Civil Aviation Authority Board. |
| (6) | The Director may be reappointed at the expiry of his or her term of office. |
| (7) | The Director holds office on a full-time basis. |
| (8) | The Director must be a South African citizen who is a fit and proper person to hold such office and must obtain a top secret security clearance. |
| (9) | The Director may not engage in any other paid employment and may not participate in any activity in respect of which he or she is in any way remunerated or receives any benefits or allowances without prior written approval of the Minister. |
| (10) | The Minister may, at any time, discharge the Director from office— |
| (a) | if he or she repeatedly fails to perform the duties of office efficiently; |
| (b) | if he or she materially fails to comply with the conditions of the performance agreement entered into as contemplated in section 94; |
| (c) | if, he or she, due to any physical illness, mental illness or any other cause becomes incapable of performing the functions of the office of Director or performs them inefficiently; or |
| (d) | for misconduct. |
| (11) | The Director vacates his or her office immediately if he or she— |
| (a) | is convicted— |
| (i) | whether in the Republic or elsewhere of murder, robbery, theft, fraud, forgery or uttering a forged document, perjury or any offence involving dishonesty; or |
| (ii) | of any offence in terms of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), the Companies Act, 1973 (Act No. 61 of 1973), Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998), the Public Finance Management Act or of contravening this Act; |
| (b) | is convicted of an offence during his or her term of office and sentenced to a period of imprisonment without the option of a fine; or |
| (c) | becomes a political office bearer. |