100 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 (2) The Minister may, by notice in the Gazette, appoint a board of up to seven members to provide oversight of and guidance to the Agency. (3) A board appointed by the Minister in terms of section 58(2) of the Telecommunications Act is considered to have been appointed in terms of this Act. Functions of Board 5 81. (1) The Agency’s board must exercise the powers conferred, and perform the duties imposed, upon it in accordance with any policy direction issued by the Minister. (2) The board must— (a) represent the Agency before the Minister and the Authority; 10 (b) oversee the functions of the Agency; (c) prepare and update a strategic plan for the Agency at least once every three years to be used by the Agency in exercising its powers and carrying out its functions; (d) approve the annual report referred to in section 86 prior to submission to the 15 Minister; (e) approve the statement of estimated income and expenditures and any adjusted statements referred to in section 84 prior to submission to the Minister; (f) approve the Chief Executive Officer’s (CEO’s) recommendations referred to in section 83(3)(b); (g) oversee the accounts of the Agency referred to in sections 84, 85 and 91; and 20 (h) take such other decisions as may be requested by the CEO of the Agency in terms of this Chapter. Functions of Agency 82. (1) The Agency must— (a) strive to promote the goal of universal access and universal service; (b) encourage, facilitate and offer guidance in respect of any scheme to provide— (i) universal access or universal service; or (ii) telecommunication services as part of reconstruction and development projects and programmes contemplated in section 3(a) of the Reconstruction and Development Programme Fund Act, 1994 (Act No. 7 of 1994), where such provision will contribute to the attainment of the object of the project or programme in question; and (c) foster the adoption and use of new methods of attaining universal access and universal service. (2) For purposes of subsection (1)(b)(ii), reference to telecommunication services in relation to development projects and programmes contemplated in section 3(a) of the Reconstruction and Development Programme Fund Act, 1994, must be regarded as reference to electronic communications network services under this Act. (3) (a) The Agency must from time to time, with due regard to circumstances and attitudes prevailing in the Republic and after obtaining public participation to the greatest degree practicable, make recommendations to enable the Minister to determine what constitutes— (i) universal access by all areas and communities in the Republic to electronic communications services and electronic communications network services; and (ii) the universal provision for all persons in the Republic of electronic communications services and access to electronic communications networks, including any elements or attributes thereof. (b) Such a determination— (i) must be published in the Gazette; and (ii) may be amended or substituted by the Minister on the recommendation of the Agency as provided for in this subsection. (4) The Agency— (a) may undertake such investigations into matters relating to its functions as it may consider necessary; 25 30 35 40 45 50 55