ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT
(SHOWING AMENDMENTS MADE BY ACT 5/2003)
or agent of the Commission such information and explanations as in the auditor’s opinion are
necessary for the purposes of his audit.
(2) Any member of the Board or employee or agent of the Commission who fails without
just cause to comply with a requirement of an auditor in terms of subparagraph (1) shall be
guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period
not exceeding three months or to both such fine and such imprisonment.77
PART II
MISCELLANEOUS PROVISIONS RELATING TO COMMISSION
Execution of contracts and instruments by Commission
7. Any agreement, contract or instrument approved by the Board may be entered into or
executed on behalf of the Commission by any persons generally or specially authorised by the
Board for that purpose.
Reports of Commission
8.(1) In addition to any report which the Authority is required to submit to the Minister in
terms of this Act or the Audit and Exchequer Act [Chapter 22:03], the Commission—
(a) shall submit to the Minister such other reports as the Minister may require; and
(b) may submit to the Minister such other reports as the Commission considers advisable;
in regard to the operations and property of the Commission.
(2) The Minister shall, within six months of the end of the Commission’s financial year, lay
before Parliament a report submitted to him by the Commission in terms of subparagraph (1),
together with the statement of accounts and auditor’s report for the preceding financial year of
the Commission referred to in paragraphs 4 and 5.
Chief Executive and other employees of Commission
9.(1) For the better exercise of the functions of the Commission the Board may, in consultation with the Minister, appoint a person to be the Chief Executive of the Commission, on such
terms and conditions as the Board, with the approval of the Minister, may fix.
(2) The Board shall terminate the appointment of the Chief Executive if he would be required in terms of subparagraph (b) or (c) of paragraph 3 of the Fourth Schedule to vacate his
office had that paragraph and subparagraphs (a), (b) and (c) of subparagraph (1) of paragraph 2
of the Fourth Schedule, and subparagraph (2) of that paragraph, applied to him.
(3) The Board shall not terminate the services of the Chief Executive on a ground other
than one referred to in subparagraph (2) without the approval of the Minister.
(4) The Board shall employ such persons in addition to the Chief Executive as it considers
expedient for the better exercise of the functions of the Commission.
(5) Subject to the general control of the Board, the Chief Executive shall be responsible
for—
77
Subparagraph amended by s. 25 of as read with Schedule to Act 5/2003.
54
Select target paragraph3
Add to table of contents