National Nuclear Regulator Act, 1999 (Act No. 47 of 1999)Chapter 2 : National Nuclear Regulator8. Control and management of affairs of Regulator |
| (2) | The board— |
| (a) | must ensure that the objects of the Regulator referred to in section 5 are carried out; and |
| (b) | exercises general control over the performance of the Regulator’s functions. |
| (3) | The board represents the Regulator and all acts performed by the board or on its authority are the acts of the Regulator. |
| (4) | The board consists of— |
| (a) | the following directors appointed by the Minister: |
| (i) | One representative of organised labour; |
| (ii) | one representative of organised business; |
| (iii) | one person representing communities, which may be affected by nuclear activities; |
| (iv) | an official from the Department of Minerals and Energy; |
| (v) | an official from the Department of Environmental Affairs and Tourism; and |
| (vi) | not more than seven other directors; and |
| (b) | the chief executive officer. |
| (5) | The Minister must from among the directors of the board referred to in subsection (4)(a)(vi) appoint a chairperson and a deputy chairperson. |
| (6) | A person may only be appointed as a director in terms of subsection (4)(a) if he or she is suitably qualified. |
| (7) | For the purposes of appointing the directors of the board referred to in subsection (4)(a)(i), (ii), (iii) and (vi)— |
| (a) | the Minister must through the media and by notice in the Gazette invite nominations of persons as candidates for the relevant positions on the board; |
| (b) | a panel, appointed by the Minister, which may include representatives of the relevant committees of Parliament, must compile a shortlist of not more than 20 candidates from the persons so nominated; |
| (c) | the Minister must, from the shortlist so compiled and from other persons nominated as contemplated in paragraph (a), appoint persons to the relevant positions on the board; and |
| (d) | the Minister may, for a director appointed in terms of subsection (4)(a)(i) to (v), appoint a suitably qualified alternate director to act in the place of that director during his or her absence. |
| (8) | A person is disqualified from being appointed or remaining a director of the board if he or she— |
| (a) | is not a South African citizen: |
| (b) | is declared insolvent; |
| (c) | is convicted of an offence and sentenced to imprisonment without the option of a fine; |
| (d) | becomes a member of Parliament, a provincial legislature, a Municipal Council, the Cabinet or the Executive Council of a province; |
| (e) | is a holder of a nuclear authorisation or an employee of such holder. |
| (9) | A director of the board may not be present during, or take part in, the discussion of, or the making of a decision on, any matter before the board in which that director or his or her spouse, life partner, child, business partner or associate or employer, other than the State, has a direct or indirect financial interest. |
| (10) | Upon appointment of a person as a director of the board he or she must submit to the Minister and the board a written statement in which he or she declares whether or not he or she has any interest contemplated in subsection (9). |
| (11) | If any director acquires or contemplates acquiring an interest, which could possibly be an interest contemplated in subsection (9), he or she must immediately in writing declare that fact to the Minister and the board. |
| (12) |
| (a) | The chairperson of the board holds office for a period specified in the letter of appointment but not exceeding three years and may be reappointed upon expiry of that term of office. |
| (b) | A director referred to in subsection (4)(a) holds office for a period specified in the letter of appointment but not exceeding three years and may be reappointed upon expiry of that term of office. |
| (13) |
| (a) | If a director dies or vacates office, the Minister may, subject to subsection (8), appoint another person as a director. |
| (b) | The person so appointed serves for the unexpired portion of the predecessor’s term of office. |
| (14) | Despite the preceding provisions of this section— |
| (a) | the persons who, immediately before the specified date, served as members of the council of the Council for Nuclear Safety in terms of the previous Act, must act as the directors of the Regulator’s board from the specified date until the day immediately before the Regulator’s board, constituted in accordance with subsection (4), meets for the first time; and |
| (b) | the chairperson of that council must act as chairperson of that board for the period contemplated in paragraph (a) and must determine the times and places of its meetings. |