The Director-General Attention: Ms.
BILL To establish the National Space Agency; to determine Its objects and functions; to prescribe the manner in which it is to be managed and governed; to regulate its staff matters and financial affairs; and to provide for matters connected therewith.
Executive of Agency.
In this Act, unless the context indicates otherwise"Agency" means the National Space Agency established by section 2(1); "Board" means the Board contemplated in section 5; "Chief Executive Officer" means the chief executive officer appointed in terms of section 12(1); "Department" means the Department of Science and Technology; "GEPF" means the Government Employees Pension Fund "GEPL" means the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996) "Minister" means the Minister of Science and Technology; "space" means the area beyond the earth's measurable atmosphere; "space mission applications" means the day-to-day management of the spacecraft "this Act" includes any regulation made in terms of section 16.
There is hereby established a juristic person to be known as the National Space Agency.
The Public Finance Management Act, 1999 (Act No. 1 of 1999), applies to the Agency.
support the creation of an environment conducive to. industrial'..
advance scientific, engineering and technological competencies and capabilities through human capital development and outreach programmes; and foster international co-operation in space related activities.
The Agency must implement any space programme in line with the Space Affairs Act, 1993 (Act No.
develop and implement the national space science and technology strategy; and acquire, assimilate and disseminate space satellite data for any organ of state.
purchase or otherwise acquire.
space mission applications.
not less than 10 and not more than 15 members; and the Chief Executive Officer, who is an ex officio member.
The Minister must appoint a panel that must compile a shortlist of candidates to be appointed as members contemplated in subsection (1) (a) and (b).
representative of the South African population, according to race, gender and disability.
Members contemplated in subsections (l)(a) and (b) are appointed by the Minister in their personal capacities and must be persons who have distinguished themselves in the field of space science and technology or who possess special qualifications, experience or skills in relation to some aspect of the functions of the Agency; and are citizens of the Republic or who have the right of permanent residence in the Republic; and broadly representative of the various sectors in the field of the space science and technology, and at least one of the members must have financial expertise.
0 the member has, as a result of improper conduct, been removed from a position of trust by a competent court of law.
A person may not be appointed as a member of the Board if any provision of subsection (4)(b) to (e) and (g) to (0 applies to that person.
The Minister may remove a member of the Board from office on the grounds of misconduct, incapacity or incompetence; or if the majority of members so recommends.
A decision to remove a member of the Board from office in terms of paragraph (a) (i) must be based on the recommendation of an independent panel appointed by the Minister.
The Minister may dissolve the Board on any reasonable grounds.
If a member of the Board dies, ceases to hold office or is removed from office the Minister may appoint a person in that member's place for the remaining part of the term of office.
A member of the Board holds office for a period not exceeding four years, subject to subsections (5) and (6).
No member may serve more than two consecutive terms.
The Board may, after consultatlon ' with the Minister, establish or disestablish any organisational division of the Agency.
A member of the Board who is not in the full-time employment of the State must be paid such allowances out of the funds of the Agency as may be determined by the Minister, with the concurrence of the Minister of Finance.
The Board must meet at least four times a year at such times and places as the Board may determine.
The Board may determine the procedure for its meetings.
may convene a special meeting of the Board; and must convene a special meeting within 14 days of receipt of a written request signed by at least two thirds of the members of the Board to convene such meeting.
The chairperson or, in the chairperson's absence, a member of the Board elected by the members present presides at a meeting of the Board.
The quorum for a meeting of the Board is two thirds of its voting members.
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.
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 any interest that precludes her or him from performing her or his functions as a member of the Board in a fair, unbiased and proper manner.
The Board may establish one or more committees to perform such functions of the Agency as the Board may determine.
employee of the Agency; or other person with suitable skills or experience who must be paid such allowances as the Minister may determine, subject to section 7.
A member of the Board may not serve on more than two committees at a time.
The Board is not absolved from the performance of any function entrusted to any committee in terms of this section.
must appoint as members of the Governance Committee a chairperson, who must be a member of the Board other than the chairperson contemplated in section 5(1)(a); and at least two other persons who may be members of the Board; and may not appoint any employee of the Agency as a member of the Governance Committee.
The Board must, with the approval of the Minister, appoint a suitably skilled and qualified person as the Chief Executive Officer of the Agency.
The appointment of the Chief Executive Officer must be made after following such transparent and competitive selection process as may be prescribed by the Minister by regulation.
The Chief Executive Officer may not serve for more than two consecutive terms.
is responsible for the administrative control of the employees and persons contemplated in paragraph (a); and must ensure compliance with applicable labour legislation in appointing employees and receiving persons contemplated in paragraph (a).
a human resource policy; and structures for the remuneration, allowances; subsidies and other benefits andterrns of conditions for employees contemplated in subsection (1) in accordance with such system as may be approved by the Minister and with the concurrence of the Minister of Finance.
The Agency may, subject to the approval of the Minister and in terms of Public Finance Management Act, 1999 (Act NO.1 of 1999), invest any of its funds not immediately required.
A delegation in terms of subsection (1) does not prohibit the performance of the function in question by the Chief Executive Officer.
interim measures for the continued management and functioning of the Agency in the event that the Minister dissolves the Board in terms of section 5(7); and any ancillary, or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act.
3.2 Departments of: Trade and Industry (Dti); Education (DoE); National Treasury; Public Service and Administration (OPSA); Public Enterprises (OPE); Minerals and Energy (DME); Transport (DoT); Environmental Affairs and Tourism (DEAT); and the South African Police Services (SAPS).
3.3 Higher Education Institutions, including: Tshwane University of Technology (TUT); Stellenbosch University; University of Cape Town; University of the Western Cape (UWC); University of the Witwatersrand (Wits); Central University of Technology: Free State; University of Pretoria; cape Peninsula University; University of Venda; University of the North West; University of Zululand; and the University of Johannesburg.