The South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998)Chapter 2 : Governance and Staffing of Agency23. Staff of Agency |
| (1) |
| (a) | Subject to the general or special directions of the Board (if any), the Chief Executive Officer may appoint staff for the Agency to perform the work necessary for or arising from the performance of the Agency’s functions in terms of this Act. |
| (b) | The remuneration, allowances and service benefits of the Agency’s staff will be as determined by the Board from time to time. |
| (2) | Employees of the Department may by agreement between the Agency and the Department and with their consent, be transferred to the service of the Agency in a permanent capacity. |
| (3) | The transfer of those employees will be subject to the terms of and arrangements made by that agreement and to the following conditions, namely that— |
| (a) | the salaries or wages, and the allowances (if any) to be paid to them, and service benefits due to them, by the Agency, may not be less than those payable or due to them by the Department immediately before transfer; and |
| (b) | those employees’ respective periods of pensionable service with the State will be regarded and treated as pensionable service for the purposes of any pension fund or scheme of which they may become members after transfer. If, upon the transfer of those employees’ benefits from the Government Service Pension Fund to the first-mentioned pension fund or scheme there is an actuarial deficit in the firstmentioned pension fund in respect of those employees’ pensions, the deficit must be made up by the Agency or the Department, or both, as provided for in that agreement; |
| (c) | the leave which had been accumulated by each of those employees whilst in the service of the State, will be regarded and treated as if it were leave accumulated by such an employee in the service of the Agency, except where the employee has requested the Department in writing to be paid the cash value of the accumulated leave, in which case the Department must make that payment. Liability for the cost of either arrangement will be as stipulated in that agreement. |
| (4) |
| (a) | The Minister, at the request of the Agency, may place any person in the service of the Department at the disposal of the Agency in accordance with section 15(3) of the Public Service Act, 1994, to perform service with the Agency for a period the Minister considers fit. However, the Minister may do so only with the person’s consent. |
| (b) | For as long as that person renders service with the Agency, the Agency must compensate the Department for the remuneration and allowances paid by the Department to that person, and for any other moneys spent by the Department on that person’s other service benefits and any other costs to the Department arising from placing that person at the Agency’s disposal. |