National Nuclear Regulator Act, 1999 (Act No. 47 of 1999)

Chapter 2 : National Nuclear Regulator

15. Chief executive officer of Regulator

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(1)The Minister must, on recommendation of the board, from a list of not less than three persons so nominated, appoint a person with suitable qualifications as chief executive officer of the Regulator.

[Section 15(1) substituted by section 11(a) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]

 

(2)A person is disqualified from being appointed or remaining a chief executive officer if subject to any of the disqualifications mentioned in section 8(8).

 

(3)A chief executive officer holds office for a period not exceeding five years as specified in the letter of appointment and may be reappointed upon expiry of that term of office.

[Section 15(3) substituted by section 11(b) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]

 

(4)The Minister may, after consultation with the board and at any time remove the chief executive officer from office—
(a)if the chief executive officer has repeatedly failed to perform the duties of office efficiently;
(b)if, because of any physical or mental illness or disability, the chief executive officer has become incapable of performing the functions of that office or performing them efficiently; or
(c)for misconduct.

[Section 15(4) substituted by section 11(b) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]

 

(5)[Section 15(5) deleted by section 11(c) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]

 

(6)The chief executive officer must—
(a)ensure that the functions of the Regulator in terms of this Act are performed;
(b)report to the board on the proper functioning of the Regulator
(c)[Section 15(6)(c) deleted by section 11(d) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
(d)complete a report on the activities of the regulator for each financial year in accordance with the Public Finance Management Act, and submit the report to the board for approval;

[Section 15(6)(d) substituted by section 11(e) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]

(e)each financial year, after consultation with the board and with the approval of the Minister, publish and distribute a plan of action for the activities of the Regulator.

 

(7)The board must forward the report mentioned in subsection (6)(d), as approved by it, to the minister, publish and distribute a plan of action for the activities of the Regulator.

 

(8)The chief executive officer is the accounting officer of the board charged with the responsibility of accounting for all money received and payments made by, and the assets of, the Regulator.

 

(9)The chief executive officer must exercise all the powers and perform all the duties conferred or imposed on the accounting officer by—
(a)this Act, the Public Finance Management Act, or any other law;

[Section 15(9)(a) substituted by section 11(f) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]

(b)the board.

 

(10)If the chief executive officer is for any reason unable to perform any of his or her functions, the chairperson of the board must appoint a staff member of the Regulator to act as chief executive officer until the chief executive officer is able to resume those functions.

[Section 15(10) substituted by section 11(g) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]

 

(11)[Section 15(11) deleted by section 11(h) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]