| (1) |
The Commission must appoint a suitably qualified and experienced person as chief executive officer of the Commission for the purpose of assisting the Commission in the performance of its financial, administrative and clerical functions. |
| (2) |
The chief executive officer— |
| (a) |
is appointed on such terms and conditions and receives such remuneration, allowances and other employment benefits as the Commission may determine; and |
| (b) |
must enter into a performance agreement with the Commission on acceptance of the appointment. |
| (3) |
The chief executive officer— |
| (a) |
must, subject to the approval of the Commission and the provisions of subsection (4), appoint such staff as may be reasonably necessary to assist him or her with the work incidental to the performance by the Commission of its functions; |
| (b) |
is the head of the administration of the Commission; |
| (i) |
the management of the affairs and operations of the Commission; |
| (ii) |
the formation and development of an efficient administration; |
| (iii) |
the organisation and management of, and administrative control over, all the members of staff appointed in terms of paragraph (a) and all the persons contemplated in subsection (5); |
| (iv) |
the maintenance of discipline in respect of the members of staff; and |
| (v) |
the carrying out of the decisions of the Commission, and is for those purposes accountable to the Commission and must report thereon to the Commission as often as may be required by the Commission; and |
| (d) |
may exercise the powers and must perform the functions which the Commission may from time to time confer upon or assign to him or her in order to achieve the objects of the Commission, and is for those purposes accountable to the Commission. |
| (4) |
The other members of staff contemplated in subsection (3)(a) are appointed on such terms and conditions and receive such remuneration, allowances and other employment benefits as the chief executive officer may, subject to the approval of the Commission, determine. |
| (5) |
The Commission may in the exercise of its powers or the performance of its functions by or under the Constitution, this Act or any other law, for specific projects, enter into contracts for the services of persons having technical or specialised knowledge of any matter relating to the work of the Commission, and determine the remuneration, including reimbursement for travelling, subsistence and other expenses, of such persons. |
| (6) |
A member of staff must exercise his or her powers and perform his or her functions— |
| (a) |
conferred upon him or her by or under this Act or any other law; and |
| (b) |
conferred upon or assigned to him or her by the Commission or the chief executive officer, as the case may be, |
subject to the general or special directions and instructions that the Commission may, from time to time, issue to him or her.
National Small Business Act, 1996 (Act 102 of 1996)
