National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002)Chapter 3 : Establishment and Governance of Railway Safety Regulator8. Board of Regulator |
| (1) | The Regulator is governed and controlled by a board of directors. |
| (2) | The board must— |
| (a) | ensure that the Regulator strives for the achievement of the objects referred to in section 5; and |
| (b) | exercise general control over the performance of the functions of the Regulator. |
| (3) | The board represents the Regulator and all acts performed by the board, or on its authority, are acts of the Regulator. |
| (4) | The members of the board are appointed by the Minister. |
| (5) |
| (a) | The board is answerable to the Minister and consists of a minimum of seven and a maximum of 13 members who have wide experience of and demonstrate acumen in one or more of the following: |
| (i) | Management of railways; |
| (ii) | safety in transportation; |
| (iii) | corporate management; |
| (iv) | commerce, finance, legal and economic matters; |
| (v) | transportation of dangerous goods; and |
| (vi) | special knowledge that could be of value to the Regulator in the performance of its functions. |
| (b) | The board must consist of the chief executive officer, as an ex officio member, and other suitably qualified persons who are representative of one or more of the following stakeholders: |
| (i) | Organised labour; |
| (ii) | the railway industry; |
| (iii) | communities which may be affected by railway operations; |
| (iv) | the Department of Transport; |
| (v) | the Department of Labour; and |
| (vi) | the Department of Safety and Security. |
| (6) | The Minister must appoint a chairperson and a deputy chairperson from among the members of the board, excluding the chief executive officer. |
| (7) | For the purposes of appointing the members of the board— |
| (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 from which the Minister may appoint persons to the relevant positions on the board; and |
| (c) | during the temporary absence of a director, the Minister may appoint a suitably qualified alternate director other than the chief executive officer, to act as such a director. |
| (8) | A person is disqualified from being appointed or remaining a member 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; or |
| (d) | becomes a member of— |
| (i) | Parliament; |
| (ii) | a provincial legislature; |
| (iii) | a Municipal Council; |
| (iv) | the Cabinet; or |
| (v) | the Executive Council of a province. |
| (9) | A member of the board may not be present during, or take part in, the discussion of, or the taking of a decision on, any matter before the board in which that member 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 member of the board, that person 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) |
| (a) | 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; |
| (b) | If an organisation or enterprise in which a director has an interest contemplated in section (9) is requested to offer its services, the director must immediately, in writing, declare his or her interest to the Minister and board. |
| (12) |
| (a) | The chairperson of the board holds office for a period specified in the letter of appointment but that appointment may not exceed three years; |
| (b) | The chairperson is eligible for reappointment upon expiry of the term of his or her office. |
| (13) |
| (a) | A member of the board holds office for a period specified in the letter of appointment, but that appointment may not exceed three years; |
| (b) | Such member of the board may be reappointed upon expiry of the term of his or her office. |
| (14) |
| (a) | If a director dies or vacates office, the Minister may, subject to subsection (7), appoint another person as a director; |
| (b) | The person so appointed serves for the unexpired portion of the predecessor’s term of office. |