| (1) |
The Regulator is governed and controlled, in accordance with this Act, by a board. |
[Section 8(1) substituted by section 7(a) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (a) |
must ensure that the objects of the Regulator referred to in section 5 are carried out; and |
| (b) |
exercises general control over the performance of the Regulator’s functions. |
| (3) |
The board represents the Regulator and all acts performed by the board or on its authority are the acts of the Regulator. |
| (4) |
The board consists of— |
| (a) |
the following directors appointed by the Minister: |
| (i) |
One representative of organised labour; |
| (ii) |
one representative of organised business; |
| (iii) |
one person representing communities, which may be affected by nuclear activities; |
| (iv) |
an official from the department responsible for Mineral Resources and Energy; |
| (v) |
an official from the department responsible for the Environment; and |
| (vi) |
not more than seven other directors; |
[Section 8(4)(a)(iv)(v)(vi) substituted by section 7(b) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (c) |
the chief financial officer. |
[Section 8(4)(c) inserted by section 7(d) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (5) |
The Minister must from among the directors of the board referred to in subsection (4)(a)(vi) appoint a chairperson and a deputy chairperson. |
| (6) |
A person may only be appointed as a director in terms of subsection (4)(a) if he or she is suitably qualified. |
| (7) |
For the purposes of appointing the directors of the board referred to in subsection (4)(a)(i), (ii), (iii) and (vi)— |
| (a) |
the Minister must through the media and by notice in the Gazette invite nominations of persons as candidates for the relevant positions on the board; |
| (b) |
a relevant portfolio committee of the National Assembly must compile a short-list of not more than 20 candidates from persons nominated; |
| (c) |
in addition to persons contemplated in subsection 4(a)(iv) and (v), the Minister must, from the short-list so compiled, appoint persons to the relevant positions on the board; and |
| (d) |
the Minister must for a director appointed in terms of subsection 4(a)(i) to (v), appoint a suitably qualified alternate director to act in the place of that director during his or her absence. |
[Section 8(7)(b)(c)(d) substituted by section 7(e) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (8) |
A person is disqualified from being appointed or remaining a director of the board if he or she— |
| (a) |
is not a South African citizen: |
| (b) |
is declared insolvent; |
| (c) |
is convicted of an offence and sentenced to imprisonment without the option of a fine; |
| (d) |
becomes a member of Parliament, a provincial legislature, a Municipal Council, the Cabinet or the Executive Council of a province; |
[Section 8(8)(e) substituted by section 7(f) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (9) |
A director of the board may not be present during, or take part in, the discussion of, or the making of a decision on, any matter before the board in which that director or his or her spouse, life partner, child, business partner or associate or employer, other than the State, has a direct or indirect financial interest. |
| (10) |
Upon appointment of a person as a director of the board he or she must submit to the Minister and the board a written statement in which he or she declares whether or not he or she has any interest contemplated in subsection (9). |
| (11) |
If any director acquires or contemplates acquiring an interest, which could possibly be an interest contemplated in subsection (9), he or she must immediately in writing declare that fact to the Minister and the board. |
(12)
| (a) |
The chairperson of the board holds office for a period specified in the letter of appointment but not exceeding five years and may be reappointed upon expiry of that term of office. |
| (b) |
A director referred to in subsection (4)(a) holds office for a period specified in the letter of appointment but not exceeding five years and may be reappointed upon expiry of that term of office. |
[Section 8(12) substituted by section 7(g) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
(13)
| (a) |
If a director dies or vacates office, the Minister may, subject to subsection (8), appoint another person as a director. |
| (b) |
[Section 8(13)(b) deleted by section 7(h) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
|
| (14) |
[Section 8(14) deleted by section 7(i) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
|
| (15) |
The Board is the accounting authority of the Regulator. |
[Section 8(15) inserted by section 7(j) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (16) |
The members of the board must, when viewed collectively— |
| (a) |
be persons who are suited to serve on the board by virtue of their qualifications, expertise and experience in the fields of nuclear science, technology and engineering, finance, risk, corporate governance, law and strategic leadership; |
| (b) |
be persons who are committed to fairness and accountability on the part of those holding public office; and |
| (c) |
be persons who are committed to the objects and principles as enunciated in the Charter and Code of Conduct of the Regulator. |
[Section 8(16) inserted by section 7(j) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
Businesses Act, 1991 (Act No. 71 of 1991)
