South African National Space Agency Act

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Published: 2008-12-15

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South African National Space Agency Act 36 of 2008

Government Gazette

Vol. 522 Cape Town 15 December 2008 No. 31729
THE PRESIDENCY No. 1385 15 December 2008
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 36 of 2008: South African National Space Agency Act, 2008.

2 No. 31729 O( lVERNMFNT GAZETTE. 15 DEC-EMBER 2008
Act No. 36, 200S S( l{ ITH AFRICAN NATl( )NAI. SPACE J\( lENCY ACT. 2008
(English (('xl signed by the Preside11t.) (ASSf'nled to 11 D('cember 2{)()R.)
ACT To provide for the promotion and use of space and Co-op(~ration in space-related activities, foster research in space science, advance scientific engineering through human capital, support the creation of an environment conducive to industrial development in space technologies within the framework of national government policy, and for that purpose to establish the South African National Space Agency; to provide for the object.., and functions of the South African National Space Agency and for the manner in which it must be managed and governed; and to provide for mattei'S connected therewith.
BE IT ENACTED by the Parliament of the Repuhlic of South Africa, as foJlows:­ ARRANGEMENT OF SECTlONS
1. Definitions 5 2. Establishment of South African National Space Agency 3. National Space Science and Technology Strategy 4. Objects of Agency 5. Functions of Agency 6. Board of Agency 10 7. Appointment of Board members 8. Disqualification, removal from office and tilling of vacancies or Board memher 9. Functions of Board 10. Remuneration of Board members 11. Meet ings of Board 15 12. Disclosure or interest 13. Committees of Board 14. Chief Executive Ollicer of Agency 15. Employees of Agency 16. Pensions 20 17. Funds of Agency 18. Delegation 19. Regul ations 20. Short title and commencement
De6nitions 25
1. In this Act, unless the context indicates otherwise­ "Agency" means the South African National Space Agency estahlished by section 2~ "Board" means the Board of the Agency contemplated in section 6;
4 No,31729 (J( lVERNMENr GAZEITE, 15 DECEMBER 2008
Ad No. 36, 2008 SOl rn I AFRICAN NATIONAL SPACE AGENt'Y A(T, 2008
"Chief Exeeutive Officer" memlS the person appointed as such in terms of seclion
"Department" means the Department of Science ami Technology;
"GEPP' means the Government Employees Pension Fund;
"GEPL" means the Government Employees Pension Law, 1996 (Proclamation
No. 21 of 1996);
"Minister" means the Minister responsible for science and technology;
"national space science and technology strategy" means any strategy deter­
mined in terms of section 3;
"satellite imagery" means photographs of the earth or other planets in visihle
colours and other spectra hy means of artificial satellites;
"space" means Ihe area heyond the earth's measurable atmosphere;
"Space Alfairs Act" means the Space A/Tairs Act, 1993 (Act No. 84 of 1993);
"space mission applications" llle:U1S the usage and dissemination of data
retrieved from spacecraft sensors;
"space mission operations" means the day-la-day management of spacecraft;
"space science" means any of several scientific dIsciplines that sludy phenomena
occuning in the upper atmosphere, in space or on celestial bodies other than Earth;
"this Act" includes any regulation made in terms of section 19.

I. (7) If a memher of the Board dies, resigns by writlen notice to the Minister or is
removed from onice, the Minister may, having followed the procedure conlemplated in seclion 7, appoint a person in thal vacancy for Ihe remaining part of the term of office.
Functions of Boord
9. (I) The Board musl perform any funclion imposed upon il in accordance with a policy direclion issued hy the Minister and in lerms of lhis Acl. 35
(2) l11e Board must­ (a) oversee the runclions of the Agency; (b) monitor Ihe research priorities and programmes of the Agency; (e) give effect lo the stralegy of the Agency, in the performance or its funclions;
and (d) nolify the Minisler immedialely of illly matter that may prevenl or malerially
affecllhe achievemenl of Ihe ohjecls of Ihe Agency. (3) The Board may, after consullalion with the Minisler, eSlahlish or disestablish

organisational divisions of the Agency.

Remuneration of Boord members 45
10. A member of Ihe Board or a memher of any commitlee of the Board who is not in
the full-time ernployment of the Slale musl be paid such remuneralion and allowances
out of the funds of the Agency as may be delermined by the Minister, in consullation
wilh the Minisler of Finance.

Meetings of Hoard
11. (l) The Board muslmeel alleast four times a year al such times and places as the
Board may delermine.

(2) The Board may delermine the procedure fur its meelillgs. (3) The chairperson­
(a) ITIay convene a special meeting of Ihe Board; and 55
(b) must convene such a meeting within 14 days of receipt of a written request signed by at least two third of the members of the Board to convene such a meeting.
(4) The chairperson or, in the chairperson's absence, a member of the Board elected by the members present, must preside at a meeting of the Board.
(5) The quorum for a meeting of the Board is the majority of the Board members eligible to vote.
(6) A decision of the Board must be taken by resolution of the majority of the members present at any meeting of the Board, and in the event of an equality of votes on any matter, the person presiding at the meeting has a casting vote in addition to her or his deliberative vote.
Disclosure of interest
12. (1) A member of the Board must upon appointment disclose to the Minister by way of a written statement any interest which could reasonably compromise the Board in the performance of its ftmctions.
(2) A member of the Board may not vote or in any manner be present during or participate in the proceedings at any meeting of the Board if, in relation to any matter before the Board, she or he may have an interest which precludes her or him from performing her or his functions as a member of the Board in a fair, tmbiased and proper manner.
Committees of Boord
13. (1) The Board may establish one or more committees to perform such ftmctions as the Board may determine.
(2) The Board may appoint as members of such committee any­ (a) member of the Board; (b) employee of the Agency; or (c) other person with suitable skills or experience who must be paid such
allowances as the Minister may determine. (3) A member of the Board may not serve on more than two committees at a time. (4) The Board may at any time dissolve or reconstitute a committee. (5) The Board is not absolved from the performance of any ftmction entrusted to any
committee in terms of this section.
Chief Executive Officer of Agency
14. (1) The Board must, with the approval of the Minister, appoint a suitably skilled and qualified person as the Olief Executive Officer.
(2) The appointment of the Olief Executive Officer must be made after following a transparent and competitive selection process.
(3) The Olief Executive Officer is appointed for a term not exceeding five years and is subject to such conditions relating to remtmeration and allowances as the Board may determine.
(4) The Chief Executive Officer must enter into a performance agreement with the Board within three months of taking up the post as Chief Executive Officer.
(5) The Chief Executive Officer is responsible for the administration and the general management and control of the day-to-day ftmctioning of the Agency, subject to the directions and instructions issued by the Board.
(6) The Chief Executive Officer is responsible and accotmtable to the Board for­ (a) all money received by the Agency and the utilisation of that money; and (b) the property of the Agency.
(7) The Chief Executive Officer must report to the Board on matters that may adversely affect the functioning of the Agency.
(8) If the Chief Executive Officer is absent for a period of more than two months or is tmable to carry out her or his duties, or if there is a vacancy in the office of the Chief Executive Officer, the Board may, with the concurrence of the Minister, appoint any person who meets the requirements determined in subsection (J) to act as Chief Executive Officer, tmtil the Olief Executive Officer is able to resume those ftmctions or tmtil the vacant position of Chief Executive Officer is filled.
(9) If the Chief Executive Officer is absent for a period of less than two months the Board may, without the concurrence of the Minister, appoint any person to act as Chief Executive Officer.
(10) The acting Chief Executive Officer has all the powers and may perform all the duties of the Chief Executive Officer.
(II) The Chief Executive Officer may not serve for more than two consecutive terms.
Employees of Agency
15. (1) Subject to subsection (2), the Chief Executive Officer­ (a) must, on such conditions as she or he may determine, appoint such number of
employees or receive on secondment such number of persons as are necessary to enable the Agency to perform its ftmctions;
(b) is responsible for the administrative control of the organisation and for the discipline of the employees and persons contemplated in paragraph (a); and
(c) must ensure compliance with applicable labour legislation. (2) The Board must approve­
(a) the general terms and conditions of employment of the employees contem­ plated in subsection (1);
(b) a human resource policy; and (c) structures for remuneration, allowances, subsidies and other benefits for
employees contemplated in subsection (1) in accordance with a system approved by the Minister with the concurrence of the Minister of Finance.
(3) The terms and conditions of employment contemplated in subsection (2)( c) must be broadly in line with the guidelines issued from time to time by the Minister responsible for the public service and administration.
16. (I) The Agency may, under the Pensions Ftmd Act, 1956 (Act No. 24 of 1956), establish a pension fund for its employees.
(2) Any employee of the Agency who was, prior to the commencement of this Act, a member of the GEPF, may­
(a) remain a member of the GEPF; (b) terminate her or his membership of the GEPF and join the pension fund
established in terms of subsection (l); or (c) elect dormant membership of the GEPF in accordance with section 27 of the
Funds of Agency
17. (1) The funds of the Agency consist of­ (a) money appropriated by Parliament; (b) fees, royalties or other revenue obtained in terms of this Act; (c) donations or contributions received by the Agency; and (d) revenue accruing to the Agency from any other source.
(2) The Agency must utilise its ftmds to defray the expenses incurred by the Agency in the performance of its ftmctions.
(3) Money received by way of donation or contribution must be utilised in accordance with any conditions imposed by the donor or contributor concerned.
(4) The Agency may, subject to the approval of the Minister and in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999), invest any of its funds not immediately required.
18. (1) The Chief Executive Ofticer may, subject to such conditions as she or he may determine, delegate to an employee of the Agency any ftmction entrusted to the Chief Executive Officer under this Act.
(2) A delegation in terms of subsection (1) does not prohibit the performance of the function in question by the Chief Executive Officer.
(3) The delegation must be in writing.
19. The Minister may, after consultation with the Board, make regulations regarding­
(a) the method of reporting to the Minister on Board meetings and the frequency of those reports; 5
(b) interim measures for the continued management and functioning of the Agency in the event that the Minister dissolves the Board in terms of section 8(4); and
(c) any ancillary or incidental administrative or procedural maller that it is necessary to prescribe for the proper implementation or administration of this 10 Act.
Short title and commencement
20. This Act is called the South African National Space Agency Act, 2008, and comes into operation on a date to be fixed by the President by proclamation in the Gazette.