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National Health Act, 2003 (Act No. 61 of 2003)

Chapter 10 : Office of Health Standards Compliance, Board, Inspections and Environmental Health Investigations, Health Officers and Inspectors, Complaints and Appeal Procedures

79H. Appointment of Chief Executive Officer


(1) The Board must, in consultation with the Minister, subject to the laws governing the public service, appoint a fit and proper and suitably qualified South African citizen as the Chief Executive Officer of the Office.


(2) The Chief Executive Officer holds office for a term of five years and may be reappointed for one additional term of five years.



(a) The appointment of a person as the Chief Executive Officer is subject to the conclusion of a written performance agreement entered into between that person and the Board, in consultation with the Minister.
(b) The Board, in consultation with the Minister, and the Chief Executive Officer may, in writing and by agreement, amend the performance agreement.


(4) The Board may, in consultation with the Minister, remove the Chief Executive Officer from office on account of serious misconduct, incapacity or incompetence, after affording him or her reasonable opportunity to be heard and subject to applicable legislation.


(5) If the Chief Executive Office is unable to perform the functions of the Office, or during a vacancy in the office of Chief Executive Officer, the Board may, after consultation with the Minister, designate another employee of the Office to act as Chief Executive Officer.


(6) No person may be designated as acting Chief Executive Officer for longer than 90 days at a time.


(7) The Chief Executive Officer is entitled to the pension and retirement benefits calculated on the same basis as those of a head of a department in the public service.


[Section 79H amended by section 5 of Act No. 12 of 2013]