Electronic Communications Act, 2005 (Act No. 36 of 2005)

Chapter 14 : Universal Service and Access Agency of South Africa

Purchase

(1)	The Agency is under the direction and control of the CEO.

[Section 83(1) substituted by section 39(a) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]

(2)	[Section 83(2) deleted by section 39(b) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]

(3)	Without derogating from his or her general powers, duties and functions as set forth in this section, the CEO must—

(a)	approve of expenditures from the universal service and access fund;

(b)	conduct competitive tenders in terms of section 90 and make recommendations to the board.

(4)	[Section 83(4) deleted by section 39(b) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]

(5)	The CEO must employ a staff, including senior management and such other persons as may be necessary to assist him or her with the performance of the functions of the Agency.

(6)	The staff of the Agency is accountable to and must enter into a performance agreement with the CEO.

(7)	The CEO must manage and direct the activities of the Agency.

(8)	The CEO must, in the selection of the staff of the Agency—

(a)	promote the empowerment of historically disadvantaged persons, including women, the youth and persons with disabilities; and

[Section 83(8)(a) substituted by section 39(c) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]

(b)	subject to paragraph (a), apply equal opportunity employment practices.

(9)	The staff of the Agency must be appointed on the grounds of their qualifications, expertise or experience in the fields, when viewed collectively, of development planning, community development, social sciences, economics, electronic communications and publicity.

[Section 83(9) substituted by section 39(d) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]

(10)	A person may not be appointed or continue in office as a member of the staff of the Agency if he or she becomes unfit to hold the office or becomes incapacitated.

[Section 83(10) substituted by section 39(d) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]

(11)	[Section 83(11) deleted by section 39(e) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]

(12)	The members of the staff of the Agency hold office on such conditions as to remuneration and otherwise as the CEO may determine with the concurrence of the Minister and the Minister of Finance.

[Section 83(12) substituted by section 39(f) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]

(13)	Different periods and conditions may be determined under subsection (12) in respect of different members of the staff of the Agency.

[Section 83(13) substituted by section 39(f) of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]