• Embed Doc
  • Copy Link
  • Readcast
  • Collections
  • CommentGo Back
Download
 
ROADS AUTHORITY ACT 17 OF 1999
[ASSENTED TO 6 OCTOBER 1999] [DATE OF COMMENCEMENT: 25 OCTOBER 1999](Unless otherwise indicated)
(Signed by the President)
as amended by
Roads Authority Amendment Act 20 of 2004
ACTTo establish a Roads Authority to manage the national road network of Namibia; andto provide for matters incidental thereto.
ARRANGEMENT OF SECTIONSPART IPRELIMINARY PROVISIONS
1Definitions
PART IITHE ROADS AUTHORITY
2Establishment of the Roads Authority3Objects of the Authority4Board of directors5Disqualification for appointment as director 6Tenure of office of directors7Vacation of office and filling of vacancies8Alternate directors9Meetings of the board10Disclosure of interest11Allowances12Committees of the board13Restriction of liability14Chief executive officer and other employees15Functions of the Authority
PART IIIMANAGEMENT OF ROAD NETWORK
16Management of road network17Procedures agreement18Performance statement
PART IVFINANCIAL AND GENERAL PROVISIONS
19Funds of the Authority20Financial year 21Accounting and auditing22Annual report23Failure of Authority to comply with certain provisions24State land may be made available to the Authority25Delegation of powers26Regulations27Transitional provisions28Short title and commencement
PART IPRELIMINARY PROVISIONS (s 1)1 Definitions
In this Act, unless the context otherwise indicates-
" Administration"
means the Road Fund Administration established by section 2 of theRoad Fund Administration Act;
 
 
" Authority"
means the Roads Authority established by section 2;
"board"
means the board of directors appointed under section 4;
" chief executive officer"
means the person appointed under section 14 as chief executive officer of the Authority;
" committee"
means a committee established under section 12;
" director"
means a member of the board;
" Minister"
means the Minister responsible for Transport;
" national road network"
means the road network consisting of every trunk road, mainroad and district road proclaimed in terms of Chapter III of the Roads Ordinance;
" performance statement"
means a performance statement referred to in section 18;
" prescribed"
means prescribed by regulation;
" procedures agreement"
means a procedures agreement referred to in section 17;
" Road Fund"
means the Road Fund established by section 16 of the Road FundAdministration Act;
" Road Fund Administration Act"
means the Road Fund Administration Act, 1999;
"Roads Ordinance"
means the Roads Ordinance, 1972 (Ordinance 17 of 1972);
" staff member"
means a staff member as defined in section 1 of the Public Service Act,1995 (Act 13 of 1995);
" this Act"
includes the regulations made thereunder;
" transfer date"
means the date determined by the Minister under section 27(1).
PART IITHE ROADS AUTHORITY (ss 2-15)2 Establishment of the Roads Authority
There is hereby established a juristic person to be known as the Roads Authority.
3 Objects of the Authority
Subject to this Act and the Road Fund Administration Act, the object of the Authority is tomanage the national road network in accordance with section 16 with a view to achieving asafe and efficient road sector.
4 Board of directors
(1) There shall be a board of directors of the Authority which shall, subject to this Act, beresponsible for the policy, control and management of the Authority.(2) The board shall consist of not less than three and not more than five directors whoshall be appointed by the Minister, subject to section 5, from amongst persons who have
 
expertise relevant to the functions of the Authority and of whom the majority shall be personswho are not staff members.(3) The Minister shall appoint the chairperson of the board from amongst the directors.(4) The names and nationality of the persons appointed as directors and the date of their appointment shall be notified in the
Gazette
.
5 Disqualification for appointment as director 
A person shall not qualify for appointment as a director if he or she-
(a)
is an unrehabilitated insolvent; or 
(b)
has during the period of ten years immediately preceding the date of commencement of thisAct, or at any time after that date, been convicted of a criminal offence and sentenced toimprisonment without the option of a fine.
6 Tenure of office of directors
(1) Subject to section 7, a director holds office at the Minister's pleasure, but notexceeding a period of 3 years.(2) A director who has served a term of 3 years is eligible for reappointment.(3) Subsection (1) applies also to a person who immediately before the date of commencement of the Roads Authority Amendment Act, 2004, served as a director on theboard.
[Sec 6 substituted by sec 1 of Act 20 of 2004 wef 20 December 2004.]
7 Vacation of office and filling of vacancies
(1) A director shall vacate his or her office if he or she-
(a)
resigns that office by written notice to the Minister;
(b)
has been absent from three consecutive meetings of the board without the permission of thechairperson of the board;
(c)
becomes subject to a disqualification referred to in section 5; or 
(d)
is removed from office by the Minister under subsection (2).(2) The Minister may at any time remove a director from office for any reason which theMinister considers sufficient.
[Subsec (2) substituted by sec 2
(a)
of Act 20 of 2004.]
(3) If a director dies or his or her office becomes vacant in terms of subsection (1), aperson must, subject to this Act, be appointed to fill the vacancy.
[Subsec (3) substituted by sec 2
(b)
of Act 20 of 2004.]
8 Alternate directors
The Minister may, with due regard to section 4(2), appoint for each director a person asalternate director to act in the place of the director in the event of that director's absence or inability to act as a director.
9 Meetings of the board
(1) The first meeting of the board shall be held at such time and place as the Minister maydetermine, and thereafter, subject to subsection (2), meetings of the board shall be held atsuch times and places as the board may determine, but at least one such meeting shall beheld every three months.
of 00

Leave a Comment

You must be to leave a comment.
Submit
Characters: ...
You must be to leave a comment.
Submit
Characters: ...