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Financial and Fiscal Commission Act, 1997 (Act No. 99 of 1997)

Part 4 : Administration and staff matters

19. Chief executive officer and other staff of Commission

[Section 19 heading substituted by section 12(a) of Act No. 4 of 2015]

 

(1)
(a) The Commission must, in accordance with section 4(1)(a) and for a renewable period not exceeding five years at a time, appoint a suitably qualified and experienced person as the chief executive officer, who must also be the accounting officer of and the Secretary to the Commission;
(b) If a member of the Commission is appointed as chief executive officer of the Commission, the member is regarded as having resigned as a member of the Commission with effect from the date of assumption of duty as chief executive officer.

[Section 19(1) substituted by section 12(b) of Act No. 4 of 2015]

 

(2) As chief executive officer of the Commission, the person referred to in subsection (1) is responsible for—

[Words preceding section 19(2)(a) substituted by section 12(c) of Act No. 4 of 2015]

(a) the formation and development of an efficient administration;
(b) the organisation, control and management of the staff;
(c) the maintenance of discipline; and
(d) the carrying out of the decisions of the Commission.

 

(3) As accounting officer of the Commission, the person referred to in subsection (1) is responsible for—

[Words preceding section 19(3)(a) substituted by section 12(d) of Act No. 4 of 2015]

(a) all income and expenditure of the Commission;
(b) all assets and the discharge of all liabilities of the Commission; and
(c) the proper and diligent implementation of Part 5; and

[Section 19(3)(c) substituted by section 12(e) of Act No. 4 of 2015]

(d) all the functions and duties of an accounting officer of a constitutional institution in terms of the Public Finance Management Act.

[Section 19(3)(d) inserted by section 12(f) of Act No. 4 of 2015]

 

(4) The chief executive officer may—
(a) delegate any of his or her powers to any other employee of the Commission; or
(b) instruct any other employee of the Commission to perform any of his or her duties.

[Section 19(4) inserted by section 12(g) of Act No. 4 of 2015]

 

(5) A delegation or instruction in terms of subsection (4)—
(a) is subject to any conditions the chief executive officer may impose; and
(b) does not divest the chief executive officer of the responsibility concerning the exercise of the power or the performance of the duty.

[Section 19(5) inserted by section 12(g) of Act No. 4 of 2015]

 

(6) The chief executive officer may confirm, vary or revoke any decision taken by an employee in consequence of a delegation or instruction in terms of subsection (4).

[Section 19(6) inserted by section 12(g) of Act No. 4 of 2015]

 

 


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