Cap. 10:31
Punuc ENTITIES
CoRPORATE GovERNA.NCE
No. 4/2018
(3) If the head of the Unit considers that the dismissal or removal ti·om office
of a board member of a public entity, of which he or she has been informed in terms
of subsection (2) or of which he or she has become aware in the absence of such
information, will be unlawful or unjustified, he or she shall without delay inform the
Iviinisterwho may, if he or she agrees with the head of the Unit, request the line Minister
to reconsider the matter.
(4) If the Minister and the line .Minister are unable to resolve the question of
'vVhether or not a board member should be dismissed or required to vacate his or her
office, the Minister shall seek the leave of the President to refer the matter to the Cabinet
for a decision.
(5) This section shall not-
(a)
be constmed as denying a board member any remedy to which he or she
may be entitled in regard to unfair or unlawful dismissal or removal from
office;
(b)
apply to the remov a! from office of a board member representing minority
interests.
PART IV
APPOINTl'vffiNT AND CON'DIT!ONS OF SERVICE OF SENIOR STAH~ OF PUBLIC ENTI'nES
17
Appointment of chief executive officers of public entities
(1) Notwithstanding any other enactment, no person shall be appointed as chief
executive officer of a public entity-
(a)
for a term longer than five years, which tem1 may be renewed for only
one further such term;
(b)
if he or she has already served as chief executive officer of the entity
for one or more periods, whether consecutive or not, amounting in the
aggregate to ten years;
(c)
unless the appointment is reviewable annually by the entity's board and
te1minable if, after such a review, the board finds that the appointee's
performance has not met the standards laid down in the appointee's
performance contract or in any other instrument regulating his or her
employment:
Provided that no chief executive officer shall, even if his or her
perfom1ance has met such standards, be re-appointed after the tenth annual
review, unless the President's approval of the re-appointment is obtained.
(2) Notwithstanding any other enactment, the chief executive officer of every
public entity shall be appointed by the board of the entity and with the approval of the
President.
(3) Before appointing a chief executive officer, the board of a public entity
shall(a)
publish, in a newspaper circulating in the area in which the public entity
concerned conducts its activities, at least two advertisements calling for
applications to fill the post of chief executive officer (in this paragraph
"newspaper" means a national newspaper or a newspaper cir<:ulating in
the area where the public entity has its principal place of business); and
(b)
interview the applicants, or such of them as appear to possess the
qualifications for the post; and
(c)
select from among the interviewed applicants the person who appears to
the board to be most suitable for appointment as chief executive officer,
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