| (2) | Without derogating from any responsibility or liability of the chief executive officer in terms of subsection (1), the chief executive officer may entrust any function contemplated in the said subsection to any person under the control of the chief executive officer, which person must act subject to the control and directions of the chief executive officer. |
| (3) | If the employer is a body corporate, the functions of the chief executive officer contemplated in subsections (1) and (2) may be performed by a member of the board of the body corporate designated by the board. |
| (4) | Subsections (1), (2) and (3) do not relieve an employer of any duty imposed on employers by this Act. |
| (5) | Every person appointed in terms of section 3 or 4(1) must perform their functions subject to the control and direction of the chief executive officer or the person contemplated in subsection (3). |
| (a) | The employer must inform the Chief Inspector of Mines, in writing, within seven days of the appointment of the chief executive officer. |
| (b) | The information to the Chief Inspector of Mines include— |
| (i) | the name of the chief executive officer; |
| (ii) | the nature of such person's function; and |
| (iii) | the name of persons who are managers under the supervision of the chief executive officer. |
[Section 2A(6) inserted by section 2 of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]
