National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)

Chapter 4 : Waste Management Measures

Part 7A : Waste Management Bureau

34K. Functions of Chief Executive Officer

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(1)The Chief Executive Officer is responsible for—
(a)the management of the operations of the Bureau, subject to the direction of the Director-General of the Department;
(b)the compilation of a business and financial plan and reports in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999), for approval by the Director-General of the Department and the Minister;
(c)the appointment of members of staff;
(d)control of, and maintenance of discipline over, members of staff of the Bureau; and
(e)any other function provided for in this Act.

 

(2)The Chief Executive Officer is accountable to the Director-General of the Department and must report to him or her on the activities of the Bureau.

 

(3)The Chief Executive Officer must ensure that the Bureau complies with all relevant provisions of applicable public service policy, regulations and legislation.

 

(4)If the Chief Executive Officer is for any reason unable to perform any of his or her functions, the Director-General of the Department must, in writing, appoint another person as Acting Chief Executive Officer until the Chief Executive Officer is able to resume those functions, but not for a period longer than six months, except under circumstances where the absence of the Chief Executive Officer is due to a disciplinary matter.

 

(5)The Chief Executive Officer may, in writing and on such conditions as he or she may determine, delegate any power or duty of the Chief Executive Officer to a senior member of the Bureau, unless the Director-General of the Department or Minister prohibits a specific delegation.

 

(6)A delegation made under subsection (4) does not—
(a)divest the Chief Executive Officer of the accountability concerning the performance of the function in question; or
(b)prohibit the performance of the function in question by the Chief Executive Officer.

 

(7)A delegation made under subsection (4) may be repealed, withdrawn or amended, but the repeal, withdrawal or amendment does not affect any right which may have accrued to a person as a result of the function performed before the delegation was repealed, withdrawn or amended.

 

[Section 34K inserted by section 13 of Act No. 26 of 2014]