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Access to Information and Protection of Privacy Bill
November 30, 2001

Contents

SIXTH SCHEDULE (Section 42)

Financial and Miscellaneous Provisions Relating to Commission

 

PART I

Financial Provisions

Funds of Commission

1. The funds of the Commission shall consist ofó

(a) fees, charges and other income accruing to the Commission from licences issued and other things done by it in terms of this Act; and

(b) the proceeds of any monetary penalties imposed by the Commission; and

(c) such moneys as may be payable to the Commission from moneys appropriated for the purpose by Act of Parliament; and

(d) such other moneys as may vest in or accrue to the Commission, whether in the course of its operations or otherwise.

 

Financial year of Commission

2. The financial year of the Authority shall be the period of 12 months ending on the 31st December in each year.

 

Surplus funds of Commission to be appropriated to Media and Information Fund

3. Any surplus of income over expenditure at the end of the Commissionís financial year shall be appropriated to the Media and Information Fund established by section 45.

 

Accounts of Commission

4. (1) The Board shall ensure that proper accounts and other records relating to such accounts are kept in respect of all the Commissionís activities, funds and property, including such particular accounts and records as the Minister may direct.

(2) Not later than three months after the end of each financial year of the Commission, the Commission shall prepare and submit to the Minister a statement of accounts in respect of that financial year or such other period as the Minister may direct.

 

Audit of Commissionís accounts

5. (1) Subject to the Audit and Exchequer Act [Chapter 22:03], the Commission shall appoint as auditors one or more persons approved by the Minister who are registered as public auditors in terms of the Public Accountants and Auditors Act [Chapter 27:12].

(2) The accounts kept by the Commission in terms of subparagraph (1) of paragraph 4 shall be examined by the auditors appointed in terms of subparagraph (1).

(3) The auditors appointed in terms of subparagraph (1) shall make a report to the Board and the Minister on the statement of accounts prepared in terms of subparagraph (2) of paragraph 4 and such report shall state whether or not in their opinion the statement of accounts gives a true and fair view of the Commissionís affairs.

(4) In addition to the report referred to in subparagraph (3), the Minister may require the Board to obtain from its auditors appointed in terms of subparagraph (1) such other reports, statements or explanations in connection with the Commissionís operations, funds and property as the Minister may consider expedient, and the Board shall forthwith comply with any such requirement.

 

Powers of auditors

6. (1) An auditor referred to in paragraph 5 shall be entitled at all reasonable times to require to be produced to him all accounts and other records relating to such accounts which are kept by the Commission or its agents and to require from any member of the Board or employee or agent of the Commission such information and explanations as in the auditorís 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 $1,000 or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.

 

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 Commissionó

(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 Commissionís 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 auditorís 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 Fifth Schedule to vacate his office had that paragraph and subparagraphs (a), (b) and(c) of subparagraph (1) of paragraph 2 of the Fifth 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 Authority.

(5) Subject to the general control of the Board, the Chief Executive shall be responsible foró

(a) managing the operations and property of the Commission; and

(b) supervising and controlling the activities of the employees of the Commission in the course of their employment.

(6) The Board may assign to the Chief Executive such of the functions of the Board as the Board thinks fit:

Provided that the Board shall not assign to the Chief Executive any duty that has been assigned to the chairman of the Board.

(7) Any assignment of functions in terms of subparagraph (6)may be made either generally or specially and subject to such reservations, restrictions and exceptions as the Board may determine, and may be revoked by the Board at any time.

(8) The Chief Executive shall have the right to attend meetings of the Board and, except in the case of any discussion relating to the terms and conditions of his appointment, to take part in the proceedings of the Board as if he were a member, but shall not have a vote on any question before the Board.

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