16
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
(2)
The appointment of the chief executive officer must be for a term of
five years, renewable on expiry, but he or she may be removed from office before the
expiry of the term of office in accordance with the provisions of his or her contract of
employment, section 21(2) of the State-owned Enterprises Governance Act, 2006 (Act
No. 2 of 2006), and the law of Namibia.
(3)
The Board may not appoint any person as chief executive officer who
is subject to a disqualification for appointment as a member of the Board referred to in
section 10.
(4)
The Chief executive officer –
(a)
must be in the full-time employment of the Authority and may
not engage in any other occupation or employment, whether for
remuneration or not, without the prior written approval of the Board;
(b)
may exercise such powers and must perform such functions as are
conferred upon him or her by this Act or assigned or delegated to
him or her by the Board, in accordance with the policies, rules and
procedures determined by the Board;
(c)
must, when so requested by the Board attend any meetings of the
Board, but does not have the power to vote thereat;
(d)
is responsible for the work of the Authority and the performance of its
functions in terms of this Act;
(e)
is responsible for the supervision and control of the staff of the
Authority;
(f)
is the accounting officer of the Authority charged with the accounting
of moneys received and payments made by the Authority, and must
keep or cause such proper accounts and records of account to be kept
as are necessary to represent fairly the state of affairs and business of
the Authority;
(g)
must report to the Board on the activities of the Authority once every
six months and at the end of each financial year.
(5)
If the chief executive officer is temporarily unable to perform his
or her duties the Board may designate any member or employee of the Authority to
temporarily act as chief executive officer, and such person must exercise the powers and
perform the duties of the chief executive officer during that period.
Staff of the Authority and transfer of service
21.
(1)
Subject to the State-owned Enterprises Governance Act, 2006
(Act No. 2 of 2006), the Board may on the recommendation of the chief executive officer
and upon such remuneration and conditions of service as it may determine, appoint as
employees of the Authority, such persons as it deems necessary in order to assist the
Authority with all such work as may arise through the exercise and performance of its
powers, duties and functions in terms of this Act.