38 Insertion of sections 82A to 82E in Act 36 of 2005 38. (1) The following sections are hereby inserted in the principal Act, after section 82: ‘‘Appointment of chief executive officer 82A. (1) The Board must, with the approval of the Minister, appoint a 5 CEO to ensure that the Agency meets its objectives. (2) The Board must invite applications for the post of CEO by publishing advertisements in the media. (3) A person appointed as CEO must— (a) have the qualifications or experience relevant to the functions of the 10 Agency; and (b) not be disqualified due to any action contemplated in section 81A(1)(b). Conditions of appointment of CEO 82B. (1) The appointment of the CEO is subject to the conclusion of an 15 annual performance agreement with the Agency. (2) The CEO is appointed for a term not exceeding five years and may, subject to the approval of the Minister, be reappointed for one additional term not exceeding five years. (3) The CEO holds office on terms and conditions determined by the 20 Board, with the concurrence of the Minister. (4) The CEO is a member of the Board by virtue of his or her office. (5) The CEO is entitled to a remuneration package determined by the Board with the concurrence of the Minister and the Minister of Finance. (6) The CEO is accountable to the Board. 25 Termination of employment of CEO 82C. (1) The Board must, with the concurrence of the Minister and subject to the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), and applicable labour legislation, terminate the employment of the CEO— 30 (a) for misconduct; or (b) for failing to perform the duties connected with that office diligently. (2) The Board may suspend the services of the CEO pending the finding of any misconduct proceedings against him or her, during which period the CEO is also suspended as member of the Board. 35 (3) The CEO must vacate the office if he or she becomes disqualified from membership of the Board due to any action contemplated in section 81A(1)(b). (4) The CEO may resign on written notice of at least 30 days to the chairperson of the Board. 40 Acting chief executive officer 82D. (1) The Board may in writing appoint any senior employee of the Agency to act as CEO when the holder of that office— (a) is temporarily unable to perform the duties connected with that office; (b) has been suspended from office; or 45 (c) has vacated or been removed from that office and a new CEO has not yet been appointed. (2) An acting chief executive officer may exercise all the powers and must perform all the duties of the CEO, as the case may be.