Mineral Technology Act, 1989 (Act No. 30 of 1989)

6. Control over, and management of affairs of, Mintek
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(1) The affairs of Mintek shall, subject to the provisions of this Act, be managed and controlled by a Board, which shall—
(a) determine the policy and objectives of Mintek and shall exercise control generally over the performance of its functions, the exercise of its powers and the execution of its duties; and
(b) have the same powers and authority as are conferred upon Mintek in terms of this Act to achieve its objects and to fulfil its functions and perform its duties.

 

(2) The Board shall consist of—
(a) a chairman, appointed by the Minister after consultation with the Board: Provided that in the case of the first Board, only the Minister shall appoint such chairman;
(b) not fewer than six but not more than nine other members appointed by the Minister; and
(c) the president, who shall serve on the Board by virtue of his office.

 

(3) A member of the Board, excluding the president, shall hold office for a period not exceeding three years, but shall be eligible for reappointment.

 

(4) The chairman and the members of the Board, excluding a chairman or member who is in the full-time employment of the State, shall be appointed on such conditions, including conditions relating to the payment of remuneration and allowances, as the Minister may determine with the concurrence of the Minister of Finance.

 

(5) The members of the Board, including the chairman, shall all be persons who have achieved distinction in science, engineering or industry or who have special knowledge or experience in relation to one or other aspect of Mintek's functions.

 

(6) The Minister shall appoint a member of the Board as vice-chairman to act as chairman whenever the chairman is unable to perform his functions as chairman.

 

(7) The chairman or vice-chairman, or in their absence a member of the Board elected by the members present, shall preside at any meeting of the Board.

 

(8) Nothing contained in this Act shall preclude the president from also being appointed by the Minister as chairman of the Board, and serving as such for the period stated by the Minister.

 

(9)
(a) The Minister may from time to time reserve any matter provided for in this Act, as a matter in respect of which a decision of the Board shall be subject to the consent of the Minister.
(b) The Minister and the Minister of Finance may jointly from time to time reserve any financial matter provided for in this Act as a matter in respect of which a decision of the Board shall be subject to the consent of the Minister with the concurrence of the Minister of Finance.