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State Information Technology Agency Act, 1998 (Act No. 88 of 1998)

Chapter 2 : Governance of Agency

10. Composition of Board

 

(1) The Board consists of not more than 14 members appointed in the following capacities:
(a) A non-executive Chairperson;
(b) executive members, one of whom must be designated as  the Managing Director;
(c) additional non-executive members, consisting of—
(i) one person representing the Department of Public Service and Administration;
(ii) one person representing the National Treasury;
(iii) one member as a legal expert; and
(iv) other members on the grounds of their expertise.

[Subsection (1) substituted by section 6(a) of Act No. 38 of 2002]

 

(1A) The majority of the members of the Board must be non-executive members.

[Subsection (1A) inserted by section 6(a) of Act No. 38 of 2002]

 

(1B)

(a) For each non-executive member of the Board, other than the Chairperson, the Minister may appoint an alternate member, who may attend and vote at meetings of the Board on behalf of a member if that member is unable to attend.
(b) The term of office of an alternate member is the same as that of the non-executive member in respect of whom he or she is appointed and such alternate member vacates office if the relevant non-executive member vacates office.
(c) The provisions of sections 11 and 12 regarding remuneration and other conditions of appointment applicable to non-executive members of the Board apply with the necessary changes to an alternate member.

[Subsection (1B) inserted by section 6(a) of Act No. 38 of 2002]

 

(1C) The Minister must designate one of the non-executive members referred to in subsection (1)(c) as the Deputy Chairperson, who must act in the place of the Chairperson if he or she is unable to perform his or her functions.

[Subsection (1C) inserted by section 6(a) of Act No. 38 of 2002]

 

(2) A majority of the non-executive members of the Board forms a quorum.

[Subsection (2) substituted by section 6(b) of Act No. 38 of 2002]

 

(3) The Chairperson has a casting vote in addition to a deliberative vote, and on an equality of votes he or she must exercise the casting vote.