The South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998)Chapter 2 : Governance and Staffing of Agency19. Chief Executive Officer: Appointment and functions |
| (1) |
| (a) | The Agency’s organisation and its day to day business and operations will be under the charge and general management and control of the Chief Executive Officer appointed for the Agency in terms of subsection (2), subject to the general or special directions and instructions that the Board may issue to the Chief Executive Officer from time to time (if any). |
| (b) | The Chief Executive Officer will be the accounting officer and chief administrative and executive officer of the Agency. |
| (c) | Any person appointed in that office will serve, in addition, as a member of the Board during incumbency of that office, and will perform all the functions and duties of a managing director as far as the Agency as company is concerned. |
| (2) | Subject to section 11(2), the members of the Board mentioned in section 12(3) must appoint as Chief Executive Officer of the Agency a fit and proper person who is suitable for that office. |
| (3) | A person who in terms of the Companies Act is disqualified from being appointed a director of a company, may not be appointed as Chief Executive Officer. |
| (4) | The Chief Executive Officer may not take up any other employment or take on and perform any work for pay or reward outside the duties of that office, except with the written permission of the Minister, on the recommendation of the Board, given beforehand. |
| (5) |
| (a) | The Chief Executive Officer may resign from office on one month’s written notice given to the Board. However, when the Board is not sitting, the notice of resignation may be handed to the chairperson or secretary of the Board for the Board’s attention. A notice of resignation so handed in, will be regarded and treated as having been received by the Board on the same day. |
| (b) | The secretary of the Board must ensure that a copy of the Chief Executive Officer’s notice of resignation is forwarded to the Minister forthwith. |