The South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998)Chapter 2 : Governance and Staffing of Agency20. Chief Executive Officer: Vacation of and removal from office |
| (1) | The Chief Executive Officer vacates office— |
| (a) | in the case of resignation, when the resignation takes effect; |
| (b) | when, in terms of the Companies Act, the person holding that office has become disqualified to serve as a director of a company; |
| (c) | upon having been removed from office in terms of subsection (2). |
| (2) | Subject to subsection (3), the Minister, at the request of the Board, may remove the Chief Executive Officer from office— |
| (a) | for misconduct; |
| (b) | for failing to perform the duties connected with that office or to perform them diligently and efficiently; |
| (c) | if, because of any physical or mental illness or disability, the holder of that office has become incapable of performing or efficiently performing the functions and duties connected with that office. |
| (3) | The Chief Executive Officer may not be removed from office unless the Minister is satisfied that removal from office is justified in the circumstances. However, where the allegations that are relied on by the Board in making that request are not admitted or are denied or are said by the Chief Executive Officer not to justify removal, the Minister may not decide the matter unless the Minister has appointed an impartial person to investigate those allegations, and— |
| (a) | the investigator has given the Chief Executive Officer sufficient opportunity to respond to those allegations or show cause why they do not justify removal from office (as the case may be), and to make representations and give whatever explanations may be regarded necessary; and |
| (b) | has duly considered the investigator’s report as to the truth or accuracy, or otherwise, of those allegations and/or as to the question whether or not they are sufficient to justify removal from office. |
| (4) | The Board may suspend the Chief Executive Officer from office pending the outcome of the investigation on any condition as to remuneration that the Minister may approve and that is fair in the circumstances. |