National Small Business Act, 1996 (Act No. 102 of 1996)Chapter 3: Small Enterprise Development Agency13H. Chief Executive Officer |
| 1) | The Minister must, on the recommendation of the Board, appoint a Chief Executive Officer. |
| 2) | Subject to this chapter, a person appointed in terms of subsection (1) holds office for a period not exceeding five years as specified in the letter of appointment, and is eligible for reappointment. |
| 3) | The Chief Executive Officer holds office on such terms and conditions including remuneration and allowances as the Minister, in consultation with the Minister of Finance and on the recommendation of the Board, may determine in writing. |
| 4) | The Chief Executive Officer manages the Agency subject to the control and directions of the Board. |
| 5) | Anything done in the name of, or on behalf of, the Agency by the Chief Executive Officer is regarded as having been done by the Agency, provided such actions are lawful and in accordance with the directions of the Board. |
| 6) | The Chief Executive Officer is responsible for the management of the staff of the Agency. |
| 7) | The Chief Executive Officer may delegate any power or assign any duty to an employee of the Agency, including a power delegated to him or her or a duty assigned to him or her by the Board unless the Board in its written delegation or assignment to the Chief Executive Officer expressly prohibits such further delegation or assignment. |
| 8) | A delegation or assignment in terms of subsection (7) does not prevent the Chief Executive Officer from exercising the delegated power or performing the assigned duty. |
| 9) | The Chief Executive Officer may withdraw or amend a delegation or assignment made by him or her. |
| 10) | The Chief Executive Officer may, on behalf of the Agency, arrange with a State authority or another body- |
| a) | for the services of officers or employees of the State or the other body to be made available for the purposes of the Agency; or |
| b) | for the services of an officer to be made available for the purposes of the State or any other body. |
| 11) | A Chief Executive Officer may not engage in any paid employment outside the functions of the office without prior approval of the Board. |
| 12) | The Chief Executive Officer may resign by notice in writing to the Minister and on the acceptance of such resignation the Chief Executive Officer ceases to be a member of the Board or any other body on which he or she represented the Agency. |
| 13) | If the Chief Executive officer dies, resigns or is relieved from office before the expiration of the period for which he or she was appointed, the Minister may, on recommendation by the Board, appoint a person to fill the vacancy for the unexpired portion of the period for which he or she was appointed. |