No. 4378
Government Gazette 16 November 2009
Act No. 8, 2009
15
COMMUNICATIONS ACT, 2009
(2)
The member or committee member who has the interest to which the
disclosure relates may not be present during or take part in the deliberations or decision
on such matter by the Board or committee, as the case may be.
Delegation of powers, and assignment of duties and functions
18.
(1)
The Board may delegate any power, or assign any duty or
function conferred or assigned to it by or under this Act, except a power to make
regulations, issue an individual telecommunications service licence or a broadcasting
licence and to reconsider a decision of the Authority as contemplated in section 31, to –
(a)
a member of the Board;
(b)
a committee of the Board; or
(c)
a staff member or consultant of the Authority.
(2)
A power, duty or function delegated under subsection (1) must be
exercised or performed subject to the direction of the Board and the Board is not
divested of such delegated power or function, and may –
(a)
issue such guidelines or instructions or may place such limitations
relating to the exercise of the power function or duty as may be
necessary;
(b)
may at any time withdraw or amend such delegation;
(c)
authorise or issue instructions relating to, the further delegation of such
power, function or duty.
(3)
The Board may instruct any member, committee or staff member to
determine any question, to investigate any matter, to conduct any hearing or to perform
any function relating to a power, duty or function whether such power duty or function
may be delegated or assigned in terms of subsection (1) or not.
(4)
When the Board acted under subsection (3), the member, committee
or staff member concerned must prepare a report which must contain all relevant
information relating to the instruction referred to in subsection (3).
Indemnity of members and employees of Authority
19.
No member, committee member or staff member of the Authority will
be personally liable for any damage or loss arising out of any act done by himself or
herself in good faith and in the course of his or her duties to the Authority unless such
loss or damage is due to his or her wilful misconduct, dishonesty or gross negligence.
Chief executive officer
20.
(1)
Subject to subsection (3) and section 22(3) of the State-owned
Enterprises Governance Act 2006, (Act No. 2 of 2006), the Board must appoint a
suitably qualified person as the chief executive officer of the Authority who will act as
the chief executive officer of the Authority.