South African National Space Agency Act

10. Remuneration of Board members

11. Meet ings of Board

12. Disclosure or interest

13. Committees of Board

14. Chief Executive Ollicer of Agency 15. 16. 17.

19. Regul ations 20. Employees of Agency Pensions Funds of Agency Short title and commencement De6nitions

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; 5 10 15 20 25 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 14; "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<:stablishment of South African National Space Agency 2. (I) The South African Natiollal Space Agency is herehy established as a juristic person. (2) The Public Finance Management Act, 1999 (Act No.1 of 1999), applies to the Agency. National Space Science and Technology Strategy

3. The Minister must determine national space science and technology strategies in order to give effect to national space policy contemplated in the Space Affairs Act. 5 10 15 20 25 Objc..'Ct.. of Agency

4. The ohjects of the Agency are to­ (a) promote the peaceful use of space; (b) support the creation of an environment conducive to industrial development in 30 (e) space technology; foster research in space science, communications, navigation and space physics; (d) advance scientilic, engineering and technological competencies mld capabili­ ties through hum<U1 capital development outreach programmes and infrastruc­ ture development; and foster international co-operation in space-related activities. (e) Functions of Agency 5. (1) TIle Agency mus\.­ 35 40 (a) implement any space programme in line with the policy determined in terms of the Space Affairs Act; (b) advise the Minister on the development of natjonai space science and teclmology strategies and programmes; implement any natillnal space science and technology strategy; and (e) (d) acquire, assimilate and disseminate space satellite inmgery f{)f any organ of 45 state. (2) The Agency may, in order tn perform any dUly contemplated in subsection (I) and in order to achieve its ohjects­ (a) enter into an agreement with any person, government or administration on the tem}..;; and conditions agreed upon by the Agency and that person, government or administration; 50 (b) purchase or otherwise acquire, or dispose of, any property and may hire out, let, pledge or otherwise enculllber that property; 6 No. 31729 GOVERNMENT OA/EITE. 15 DECEMBER 2008 Ad No. 36, 2008 SOllfH AFRICAN NATIONA.L SPACE i\l;FNCY ACT, 200S (c) for the purposes or developing or exploiting any invention or technological space expertise­ 0) estahli~h a complUlY contemplated in the Companies Act, 1973 (Act No. 61 of 1973), or in collaboration with any otiler person establish such a company; and Oi) acquire an interest in any company or other juristic person undertaking the development or exploitation or an invention or technological space innovation; (d) establish any programme in line with naliont\! space policy in respect or­ 5 (i) enahling technologies that will provide leadership in coordinating and 10 supporting applied research; (ii) coordination and support to the development of space science miSSions; (iii) space missioll applications; and (iv) space mission operations; (e) support progrrunmes or projects relating to scientific space research; (f) co-operate with space and space-related agencies of other countries in the peaceful use [md development of space; and 15 (f.() do anything necessary for the proper performance of ils functions or to achieve its objects, B(lard (If Agency 6. (1) The Agency acts through its Board, (2) TIle Board c(msisls or­ (a) a chairrlCrson appointed by the Minister; (b) not lef;s than 10 [md not more than 15 memhers; and the Chief Executive Olficer, as an ('X officio memher. (c) Appointment of Board members 7. (1) lbe Minister appoints members of the Board afLer­ (0) puhlishing a notice in the Gazette and two national newspapers circulating in the Republic calling upon memhers of the public to nominate persons contemplated ill section 6(2)((1) and (b); (b) appointing a p[U1el of experts to compile a short.-list of not more than thirty (c) (d) (30) persons from the nominees referred to in paragraph (a); the chairperson of the panel has suhmitted a short-list of candidates tllgether with their curriculum vitae to the Mil11ster who must submit it to the National Assemhly for approval; (Uld the National Assemhly has submitted to the Minister an approved short-list rrom which to select. 20 25 30 35 (2) The panel mllst act in a transparent :md rair manner and ensure that the candidates are competent and hroadly representative of the: South African population, according to race, gender and disahility, 40 (3) If the shortlist compiled in terms of suhsection (2) does not contain suitable persons or tJ1e required ntlmher of suitahle persons, the Minister may call for further nominatilms in the manner set out in subsection (l), (4) The Board must­ (a) consist of persons who are cil.izens of lh~ Republic or have the right of permanent residence in Ihe Repuhlic and have distinguished themselves in the field of the space science and technology sector or possess the relevant qualiJications, experience or skills in relation to some aspect of the functions of the Agency; 45 (b) he broadly representative of the various sectors in the lield of space science 50 and technology; and (c) have alleast one meml1Cr who has a legal qualilication and nne member with financial expert ise. 8 No. 31729 <iOVERNMENT <iAZE'lTE, 15 DECEMBER 2008 Act No. 36, 200S SOllTI I AFRICAN NAI'I()NAL SPACE J\(;ENCY NT. 2008 Disqualification, removal from office, term of office and filling of vacancies 8. (I) A person may not he appointed as a memher conlemplated in section 6(2)(a) or (b) if he or she­ is an wlrehahilitated insolvenl; (a) (b) has heen declared by a court to be menlally ill; (e) has been convicled of an ofl'enee in the Republic or elsewhere and was sentenced lo imprisonmenl withoullhe 0]11 ion of a line, other than an olfence commilled prior to 27 April 1994 associated with a political objective for which amnesly was granted by the Truth and Reconci lialion Commission; is a memher or the National Assembly, a provincial legislature or any mWlicipal council, or is a delegale 10 Ihe Nalional Council of Provinces; is nol a citizen or, or does nol have Ihe right of permcmenl residence in, lhe Republic; or ha<;, as a result of improper conduct, heen removed from a position of lrust hy a competenl courl of law. (d) (e) (f) (2) The Minisler may remove a member contemplated in section 6(2)(a) or (b) from office­ (a) on Ihe grmmds of misconduct, incapacilY or incompelence; (b) if the member is ahsent from three consecutive meetings of the Board withoul leave from the Board; if Ihe member hecomes disqualitled as is conternplaled in subsection (I); for any olher sound and compelling reason. (e) (d) 5 10 15 20 (3) A decision lo remove a member of the Board from ollice in terms of subsection (2) must be hased on Ihe recommendalion of an independent panel appoinled by the Minister. 25 (4) The Minister may dissolve the Board on reasonable grounds. (5) A memher contemplaled in section 6(2)(a) or (b) holds otIke for a period not exceeding four years, suhjecl lo suhseclions (1) and (2). (6) No memher may serve more than lWo conseculive term'>. (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. 30 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. (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

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 35 40 45 50 55 10 No. 31729 GOVERNMENT GAZETTE, 15 DECEMBER 2008 Act No, 36, 2008 SOlITH AFRICAN NKrIONAL SPACE AGENCY Aer. 2008 (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. 5 10 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. 15 (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. 20 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 25 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 30 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. 35 (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. 40 (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. 45 (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. 50 55 12 NQ.31729 GOVERNMENT GAZElTE, 15 DECEMBER 2008 Act No. 36, 2008 SOutH AFRICAN NATIONAL SPACE AGENCY ACt, 2008 (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; is responsible for the administrative control of the organisation and for the discipline of the employees and persons contemplated in paragraph (a); and (b) (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. Pensions 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 GEPL. 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. 5 10 15 20 25 30 35 40 (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. 45 Delegation 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. 50 (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. 14 No. 31729 GOVERNMENT GAZETIE. 15 DECEMBER 2008 Act No. 36, 2008 SOUTH AFRICAN NATIONAL SPACE AGENCY ACT. 2008 Regulations

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.