Road Traffic Management Corporation Act, 1999 (Act No. 20 of 1999)Chapter 4 : Functions28. Functions of Shareholders Committee |
| (1) | The Shareholders Committee must— |
| (a) | ensure proper monitoring of the Corporation’s performance and the attainment of its objectives, including— |
| (i) | the level and scope of performance of the Corporation with reference to the business and financial plan; |
| (ii) | the performance of public service obligations by the Corporation; and |
| (iii) | the impact of investment contracts contemplated in section 37 and performance contracts as contemplated in sections 15(4) and 19(4), by scrutinizing reports submitted by the chief executive officer, in terms of section 29(h), including reports, in terms of section 29(c) concerning the implementation of directives issued to the chief executive officer, |
| (b) | after appropriate consultation, decide— |
| (i) | which functions are to be carried out by each of the organs of the Corporation; |
| (ii) | on proposed legislation, including amendments to this Act or any other legislation, concerning road traffic matters; |
| (iii) | on a change in a policy or the adoption of a new policy by the Corporation; |
| (iv) | on the suitability of proposals for the achievement of objectives; and |
| (v) | to recommend the conclusion of an international agreement; |
| (c) | approve the final draft of— |
| (i) | the business and financial plan and any amendment thereto as contemplated in section 14(5); |
| (ii) | the annual report as contemplated in section 22(1); |
| (iii) | the national road traffic law enforcement code as contemplated in section 32; and |
| (iv) | the governance agreement; |
| (d) | after appropriate consultation where consultation is required, approve— |
| (i) | the awarding of tenders or the granting of concessions above the thresholds as set out in the business and financial plan; and |
| (ii) | transactions entered into to give effect to transfer actions contemplated in section 34; |
| (e) | consult on, and facilitate, the implementation of this Act or any other law relating to road traffic regulation; |
| (f) | consider the need for research and technical investigation relating to road traffic regulation, and the steps for it to be conducted; |
| (g) | require statements and reports from managers of functional units that may be reasonably required in the interest of informed decision making; |
| (h) | respond to complaints received from the public and investigate complaints against the chief executive officer in terms of section 39(3); |
| (i) | publish full particulars of policies decided on in the Gazette and every Provincial Gazette; |
| (j) | exercise and perform on behalf of the Corporation the powers and duties which have been conferred to the Corporation by contractual agreement between the MEC and the chief executive officer in terms of section 31; and |
| (k) | exercise and perform all the powers and duties conferred or imposed on it by this Act or by any other law. |
| (2) | The Shareholders Committee may— |
| (a) | authorise the chief executive officer to assign functions to the managers of functional units; |
| (b) | issue a directive to a member of the public on conclusion of an enquiry by the chief executive officer; |
| (c) | re-open an enquiry; and |
| (d) | review the findings of an enquiry or refuse a request to review the findings. |
| (3) | The Shareholders Committee may for the purposes of regulations to be made in terms of section 48— |
| (a) | establish an advisory regulations committee; |
| (b) | determine the purpose and functions of the advisory regulations committee in respect of regulations, or effect amendments thereto; |
| (c) | make appointments to the committee, including the chairperson and the deputy chairperson; |
| (d) | remove members from the committee; and |
| (e) | dissolve the committee. |
| (4) | The Shareholders Committee, in appointing a member of the advisory regulations committee, must consider— |
| (a) | the powers and duties of the committee; |
| (b) | the need for the committee to represent various relevant interests; and |
| (c) | the expertise necessary for the committee to exercise its powers and perform its functions effectively. |