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Railway Safety Act, 2024 (Act No. 30 of 2024)

Chapter 2 : Railway Safety Regulator

23. Functions of CEO

 

(1) The CEO accounts to the board.

 

(2) The CEO must, in addition to any other function provided for in this Act
(a) ensure that the functions of the Regulator in terms of this Act are performed;
(b) report to the board on the proper functioning of the Regulator;
(c) report on the activities of the Regulator to the board; and
(d) execute any lawful instruction issued to him or her by the board.

 

(3) The board must submit the report referred to in subsection (2)(c) to the Minister within five months after the end of the financial year concerned.

 

(4) The CEO must exercise all the powers and perform all the functions delegated or assigned to the CEO by the board.

 

(5) If the CEO is for any reason unable to perform any of his or her functions, or if the CEO is discharged in terms of section 22(4), or resigns from office, the chairperson of the board must—
(a) immediately, as an interim measure, designate an employee of the Regulator to act as CEO until the CEO is able to resume those functions, or until the appointment of a new CEO; and
(b) immediately commence the process contemplated in section 22(1).

 

(6) An acting CEO may exercise all the powers and must perform all the duties of the CEO, subject to any limitation the board or the Minister may, in writing, determine.

 

(7) The CEO may delegate any of his or her functions, subject to any conditions imposed by the board, to any competent staff member of the Regulator, but such delegation does not—
(a) prevent the CEO from exercising the function or power or performing the duty in question himself or herself; or
(b) absolve the CEO from responsibility or accountability for anything done in terms of or under the delegation.

 

(8) The CEO must ensure that all strategic documents or policies are prepared and submitted for approval to the board.