Electronic Communications and Transactions Act - South Africa ...

54 No. 23708 GOVERNMENT GAZETTE, 2 AUGUST 2002Act No. 25,2002 ELECTRONIC COMMUNICATIONS ANDTRANSACTIONS ACT. 2002(i) the determination through arbitration of any dispute concerning the interpretationof the memorandum and articles of association of the Authority;(j) the delegation of powers and assignment of duties to directors, committeesand employees: Provided that the Board may-(i) not be divested of any power or duty by virtue of the delegation or 5assignment; and(ii) vary or set aside any decision made under any delegation or in terms ofany assignment;(k) the procedures and criteria for the establishment and disestablishment ofsecond level domains and for delegations to such domains;(1) appeal mechanisms;10(m) the tenure of directors;(TI) the circumstances under and the manner in which a directorship is terminated;(0) criteria for the disqualification of directors;(11) the method of determining the allowances to be paid to directors for attending ISmeetings; and(9) the powers and duties of directors.Part 2Governance and staffing of AuthorityBoard of directors of Authority 2062. ( 1) The Authority is managed and controlled by a Board of Directors consisting ofnine directors. one of whom is the chairperson.(2) The process of appointment is the following:(01 The Minister must appoint an independent selection panel consisting of fivepersons. who command public respect for their fair-mindedness, wisdom and 25understanding of issues concerning the Internet, culture, language, academiaand business, the names of whom must be placed in a notice in the Gazette;(b) the Minister must invite nominations for members of the Board from thepublic through newspapers which have general circulation throughout theRepublic, on-line news services, radio and by notice in the Gazette; 30(c) nominations must be made to the panel established in terms of paragraph (a);(d) the panel must recommend to the Minister names of nine persons to beappointed to the Board taking into account the sectors of stakeholders listed insubsection (3)lb):(e) if the Minister is not satisfied that the recommendations of the panel comply 35with subsection (3) the Minister may request the panel to review itsrecommendations and make new ones;If) the Minister must appoint the members of the Board. and publish the names ofthose appointed in the Gacette;(g) the Minister must appoint the Chairperson of the Board from among the 40names recommended by the panel.(3)(a) The Board, u.hen viewed collectively, must be broadly representative of thedemographics of the country, including having regard to gender and disability.(17) Sectors of stakeholders contemplated in subsection (2)(d) are-(ij existing The Domain Name community; 4s(ii) Academic and legal sectors;(iii) Science, technology and engineering sectors;(iv) Labour;(v) Business and the private sector;(vi) Culture and language; 50(vii) Public sector;(viii) Internet user community.(4) Directors must be persons who are committed to fairness, openness andaccountability and to the objects of this Act.