102 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 (b) must conduct research into and keep abreast of developments in the Republic and elsewhere on information communication technology, electronic communications services and electronic communications facilities; (c) must continually survey and evaluate the extent to which universal access and 5 service have been achieved; (d) may issue information from time to time on the provision of electronic communications services and electronic communications networks in the Republic and access thereto; (e) must, when so requested by the Minister, make recommendations to the Minister in relation to policy on any matter relating to universal access and 10 universal service; (f) must, when so requested by the Authority, advise the Authority on any matter relating to universal access and universal service; (g) must continually evaluate the effectiveness of this Act and things done in terms thereof towards the achievement of the goal of universal access and 15 universal service; (h) may liaise, consult and co-operate with any person or authority; (i) may appoint experts and other consultants on such conditions as the Agency may determine. (5) The Agency must manage the Universal Service and Access Fund in accordance 20 with the provisions of this Chapter. CEO and staff of Agency 83. (1) The Agency is under the direction and control of the CEO appointed by the Board. (2) The CEO— (a) must be a suitably qualified and experienced person; (b) is subject to the direction and oversight of the board in the performance of all financial and administrative functions as well as other work as may arise from the performance of the Agency’s functions under this Act; and (c) must exercise any powers delegated to him or her by the board. (3) Without derogating from his or her general powers, duties and functions as set forth in this section, the CEO must— (a) approve of expenditures from the universal service and access fund; (b) conduct competitive tenders in terms of section 90 and make recommendations to the board. (4) The CEO must enter into a performance agreement with the Board. The perfomance agreement must, amongst other things— (a) set appropriate key performance indicators; and (b) set measurable perfomance targets. (5) The CEO must employ a staff, including senior management and such other persons as may be necessary to assist him or her with the performance of the functions of the Agency. (6) The staff of the Agency is accountable to and must enter into a performance agreement with the CEO. (7) The CEO must manage and direct the activities of the Agency. (8) The CEO must, in the selection of the staff of the Agency— (a) promote the empowerment of historically disadvantaged persons, including women, the youth and people with disabilities; (b) subject to paragraph (a), apply equal opportunity employment practices. (9) The CEO and other staff of the Agency must be appointed on the grounds of their qualifications, expertise or experience in the fields, when viewed collectively, of development planning, community development, social sciences, economics, electronic communications and publicity. (10) A person may not be appointed or continue in office as CEO or other member of the staff of the Agency if he or she becomes unfit to hold the office or becomes incapacitated. (11) The CEO of the Agency must be appointed for such period not exceeding five years as may be determined when he or she is appointed. 25 30 35 40 45 50 55