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Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965)

3. Chief Executive Officer and other staff of Authority

 

(1) The Board, after consultation with the Minister, must appoint a suitably qualified person as the Chief Executive Officer of the Authority.

[Section 3(1) substituted by section 4(a) of Notice No. 19, GG 39585, dated 8 January 2016]

 

(2) A person may not be appointed as the Chief Executive Officer if such person—
(a) is an unrehabilitated insolvent;
(b) is mentally unfit; or
(c) has been convicted of an offence committed after the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993) took effect and sentenced to imprisonment without the option of a fine.

 

(3) The Chief Executive Officer may be removed from office for—
(a) serious misconduct;
(b) permanent incapacity; or
(c) engaging in any activity that is reasonably capable of undermining the integrity of the Authority.

 

(4) The Chief Executive Officer—
(a) is appointed for a term of five years and may be reappointed for one additional term of five years;
(b) is appointed subject to the conclusion of a performance agreement with the Board;

[Section 3(4)(b) substituted by section 4(b) of Notice No. 19, GG 39585, dated 8 January 2016]

(c) is accountable to and reports to the Board;

[Section 3(4)(c) substituted by section 4(b) of Notice No. 19, GG 39585, dated 8 January 2016]

(d) is entitled to the benefits as may be determined by the Minister in consultation with the Minister for the Public Service and Administration;
(e) is responsible for the general administration of the Authority and for the carrying out of any functions assigned to the Authority by this Act and the Minister;
(f) must manage and direct the activities of the Authority;
(g) must appoint and supervise staff of the Authority; and
(h) must compile business and financial plans and reports in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999).

 

(5) The Chief Executive Officer shall appoint suitably qualified staff and may contract other suitably qualified persons to assist the Authority in carrying out its functions.

 

(6)

(a) The Minister shall, after consultation with the Minister for Public Service and Administration, determine the structure and the human resources policy for the Authority.
(b) The human resources policy shall include a code of conduct and provisions on conflict of interests applicable to the Chief Executive Officer and the staff of the Authority.

 

(7) The Authority may utilise persons seconded or transferred from the public service, and such transfer must be in accordance with the Labour Relations Act, 1995 (Act No. 66 of 1995).

 

(8) The Chief Executive Officer and the staff of the Authority become members of the Government Employees’ Pension Fund contemplated in section 2 of the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996).

 

(9) The Chief Executive Officer shall, in consultation with the Board, appoint committees, as he or she may deem necessary, to investigate and report to the Authority on any matter within its purview in terms of this Act.

[Section 3(9) substituted by section 4(c) of Notice No. 19, GG 39585, dated 8 January 2016]

 

[Section 3 substituted by section 3 of Notice No. 434, GG 32148, dated 21 April 2009]

 

 


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