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Road Traffic Infringement Agency Board
A Road Traffic Infringement Agency Board, to represent and control the agency, is established by the AARTO Act, comprising—
- three persons, who are not employed by the State, appointed by the Minister on account of their commercial and technical expertise;
- a Director of Public Prosecutions, nominated by the National Director of Public Prosecutions, in consultation with the Directors of Public Prosecutions; and
- the registrar of the agency.
The Minister must, prior to appointing the members, publish the names of the persons proposed to be appointed as such members in the Gazette and invite comment on the suitability of such members for appointment.
The members of the board hold office for a period not exceeding five years, whereafter they may be reappointed.
A member of the board, must vacate his or her office—
- upon expiry of his or her term of appointment;
- if he or she is incapacitated by physical or mental illness;
- if his or her estate is sequestrated; or
- if he or she is nominated as a candidate for election as a member of Parliament, a provincial legislature or the council of a local authority.
The Minister may remove a member of the board from office if such member—
- fails to perform his or her duties diligently or efficiently;
- is unable to perform his or her duties because of mental illness or disability; or
- has been absent without the permission of the chairperson from two
- consecutive meetings of the board, without good reason.
The members of the board may resign on one month’s written notice to the Minister. The Minister appoints a member of the board as the chairperson. The board meets at least twice per year or as often as may be required. The board determines its own procedures for meetings and decisions and may, in the absence of a chairperson, elect a member as acting chairperson.
Members of the board who are not in the full-time employment of the State may be paid such remuneration and allowances as may be determined by the Minister in consultation with the Minister of Finance.
Functions of Board
The functions of the board are—
- to approve the business plan prepared by the registrar in terms of section 8(2), and monitor the efficient and effective operation of the agency;
- to monitor the success achieved by the agency in promoting compliance with road traffic laws;
- to receive annual reports contemplated in section 8(4), and to advise the registrar on measures to be taken to improve the agency’s effectiveness;
- to advise the Minister regarding amendments to this Act or any other road traffic legislation in order to improve the effectiveness of the agency;
- to identify and recommend institutional, technical and logistical support which the agency may provide to assist the prosecution of road traffic offenders and the adjudication of offences by the courts; and
- to consider any other matter which the board deems advisable in order to achieve the objects of this Act.
The board must annually submit a report on the activities of the agency to the Minister for tabling in Parliament.