Platinum Membership
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Railway Safety Act, 2024 (Act No. 30 of 2024)Chapter 2 : Railway Safety Regulator21. Dissolution of board |
| (a) | the board refuses or fails to perform its functions in accordance with this Act, any other applicable law or any performance agreement entered into by the Regulator and the Minister; |
| (b) | the Auditor-General has, for two successive years, in respect of the accounts, financial statements and financial management of the Regulator, qualified his or her audit report, noted matters of emphasis or has declined to express an opinion; |
| (c) | the board refuses or fails to provide the Minister with any information relating to its stewardship of the Regulator or to the Regulator itself; or |
| (d) | there are good grounds for the dissolution of the board as prescribed. |
| (2) | The Minister must, before considering whether to dissolve the board, give the board a reasonable opportunity to submit representations to him or her on any matters which may lead to dissolution, and may, after consideration of such representations, if any, as contemplated in subsection (1), upon good cause shown, dissolve the board, and he or she must after so dissolving the board— |
| (a) | immediately, in writing, inform the board members of the board’s dissolution, and the reasons therefor; and |
| (b) | publish a notice in the Gazette, stating the reasons for his or her decision to dissolve the board. |
| (3) | Upon dissolution of the board in terms of subsection (2), the Minister must— |
| (a) | immediately appoint an administrator to take over the functions of the board to do anything which the board might otherwise be empowered or required to do by or under this Act or any other applicable law, subject to such conditions as the Minister may determine; and |
| (b) | commence the process contemplated in section 11. |
| (4) | An administrator contemplated in subsection (3)(a) may be appointed only for a period that may not exceed six months. |
| (5) | Any decision taken by the board prior to its dissolution in terms of subsection (1) does not invalidate or in any other way affect any such decision lawfully taken or an act performed under its authority. |
