National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)Chapter 2 : South African National Biodiversity InstitutePart 4 : Administration of Institute28. Appointment of Chief Executive Officer |
| (1) | The Board, acting with the concurrence of the Minister, must appoint a person with appropriate qualifications and experience as the Chief Executive Officer of the Institute. |
| (2) | The Chief Executive Officer— |
| (a) | is appointed for a term not exceeding five years; and |
| (b) | may be reappointed by the Board with the concurrence of the Minister, but only for one additional term not exceeding five years. |
| (3) | The Chief Executive Officer is employed subject to such terms and conditions of employment as the Board may determine in accordance with a policy approved by the Minister with the concurrence of the Cabinet member responsible for finance. |
| (4) | The Chief Executive Officer— |
| (a) | is responsible for the management of the Institute; |
| (b) | must perform such duties and may exercise such powers as the Board may delegate to him or her; and |
| (c) | must report to the Board on aspects of management, the performance of duties and the exercise of powers, at such times or intervals and in such manner, as the Board may determine. |
(5)
| (a) | The Chairperson of the Board may appoint another employee of the Institute as acting Chief Executive Officer for a period not exceeding six months, whenever — |
| (i) | the Chief Executive Officer if for any reason absent or unable to perform his or her duties; or |
| (ii) | there is a vacancy in the office of the Chief Executive Officer. |
| (b) | Whilst acting as Chief Executive Officer, such employee— |
| (i) | has the powers and duties of the Chief Executive Officer; and |
| (ii) | is employed subject to such terms and conditions of employment as the Chairperson may determine in accordance with the policy referred to in subsection (3). |