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Nuclear Energy Act, 1999 (Act No. 46 of 1999)

Chapter II The South African Nuclear Energy Corporation, Limited

16. Control and management of affairs of Corporation

 

(1)

(a) The Corporation is governed and controlled, in accordance with this Act, by a Board of Directors.
(b) The Board must ensure that the goals of this Act are actively pursued, and must exercise general control over the performance of the Corporation’s functions.
(c) The Board represents the Corporation, and all acts performed by the Board or on its authority will be the acts of the Corporation.

 

(2) The Board consists of—
(a) a chairperson, appointed by the Minister;
(b) not fewer than five and not more than seven suitably qualified directors appointed by the Minister;
(c) the chief executive officer, who is a member of the Board by virtue of holding the office;
(d) an official of the Department, designated by the Minister; and
(e) an official of the Department of Foreign Affairs designated by the Minister after consultation with the Minister of Foreign Affairs.

 

(3) A person will be disqualified from being appointed or designated or remaining a director —
(a) if not a South African citizen who is permanently resident in the Republic;
(b) upon being declared insolvent or the person’s estate having been handed over to creditors;
(c) upon being convicted of an offence and sentenced to imprisonment without the option of a fine;
(d) upon having been nominated—
(i) as a candidate in any election of members of Parliament or a provincial legislature in terms of the Electoral Act, 1998 (Act No. 73 of 1998);
(ii) to fill a vacant seat in Parliament or a provincial legislature;
(e) if appointed to any other public office under the State;
(f) if disqualified on any other grounds in terms of the Companies Act from being a director of a company.

 

(4) The Minister may, for a director appointed in terms of subsection (2)(d) and (e), appoint a suitably qualified alternate director to act in the place of that director during his or her absence.

 

(5)

(a) The chairperson of the Board holds office for a period specified in the person’s letter of appointment but not exceeding three years, and may be reappointed upon expiry of that term of office.
(b) A director mentioned in subsection (2)(b) holds office for a period specified in the person’s letter of appointment but not exceeding three years, and may be reappointed upon expiry of that term of office.

 

(6)

(a) Any director mentioned in subsection (2)(a) or (b), will be appointed on the terms and conditions, including terms and conditions relating to the remuneration and allowances payable, as the Minister may determine with the agreement of the Minister of Finance.
(b) Those terms and conditions must be stipulated in such a director’s letter of appointment.

 

(7) The Minister must designate one of the directors as deputy chairperson.

 

(8) If any appointed or designated director dies or vacates office, the Minister, subject to subsection (2), may appoint or designate another person as director. The person so appointed or designated will serve for the unexpired portion of the predecessor’s term of office.

 

(9)

(a) Despite the preceding provisions of this section, the persons who, immediately before the specified date, served as members of the board of directors of the Atomic Energy Corporation in terms of the previous Act, will, as from the specified date until the day immediately before the Corporation’s Board, duly constituted in accordance with subsection (2), meets for the first time, act as the directors of the Corporation’s Board.
(b) The meetings of those acting directors will be held at the times and places determined by their chairperson.