KwaZulu-Natal
South Africa
South Africa
KwaZulu-Natal Dube Tradeport Corporation Act, 2010
Act 2 of 2010
- Published in KwaZulu-Natal Provincial Gazette 512 on 21 October 2010
- Assented to on 18 August 2010
- Commenced on 21 October 2010
- [This is the version of this document from 21 October 2010 and includes any amendments published up to 4 April 2024.]
Chapter 1
Definitions
1. Definitions
In this Act, unless the context otherwise indicates -"Board" means the board of the Dube TradePort Corporation contemplated in section 5;"Chief Executive Officer" means the Chief Executive Officer of the Dube TradePort Corporation, contemplated in section 16;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Department" means the Department of Economic Development and Tourism or any successor provincial department whose functions include that of economic development in KwaZulu-Natal;"Dube TradePort" means the multi-modal development comprising of an international airport, trade zone, agri-zone, associated support services and associated activities, situated 30 kilometers north of the Durban city centre;"Dube TradePort Region" means the region falling within a 30 kilometer radius of the centre of the international airport situated within the Dube TradePort;"Dube TradePort Company" means Dube TradePort Company, Registration Number 2002/002810/07, established in terms of the Companies Act, 1973 (Act No. 61 of 1973);"Dube TradePort Corporation" means the provincial public entity established in terms of section 2;"Executive Council" means the Executive Council of the Province contemplated in section 132 of the Constitution;"Gazette" means the official Provincial Gazette of KwaZulu-Natal;"Head of Department" means the person appointed as Head of the Department in terms of the Public Service Act, as amended;"Master Plan" means the Master Plan for the development, design and construction of a multi-modal transportation hub in the Dube TradePort Region as contemplated in section 21;"Member of the Executive Council responsible for finance" means the member of the Executive Council of the Province of KwaZulu-Natal responsible for finance;"Portfolio Committee" means the Portfolio Committee of the Provincial Legislature responsible for economic development and tourism;"Province" means the Province of KwaZulu-Natal contemplated in section 103 of the Constitution and "provincial" has a corresponding meaning;"provincial public entity" means a provincial public entity as defined in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999);"Public Finance Management Act" means the Public Finance Management Act, 1999 (Act No. 1 of 1999);"regulations" means regulations made in terms of section 33;"responsible Member of the Executive Council" means the Member of the Executive Council of the Province of KwaZulu-Natal responsible for economic development and tourism or that member of the Executive Council of the Province of KwaZulu-Natal to whom the Premier has assigned the administration of this Act;"this Act" includes the regulations.Chapter 2
Dube Tradeport Corporation
2. Establishment of the Dube TradePort Corporation
3. Objects of the Dube TradePort Corporation
The objects of the Dube TradePort Corporation are -4. Powers, duties and functions of the Dube TradePort Corporation and Board
Chapter 3
Board of the Tradeport Corporation
5. Composition of the Board
6. Disqualification from being appointed to the Board
A person is disqualified from being appointed to the Board or from remaining on the Board, by reason that he or she -7. Declaration of financial or other interests of members of the Board
8. Term of office and re-appointment of a member of the Board
The person appointed to the Board holds office for a period of 5 years or such lesser period as the responsible Member of the Executive Council may determine and is, subject to section 5, eligible for re-appointment at the expiry of such period: Provided that no person may be re-appointed after having served on the Board for a continuous period of 10 years.9. Vacancies, removal and resignation from office of a member of the Board
10. Temporary suspension of a member of the Board
The responsible Member of the Executive Council may suspend a member of the Board whilst the responsible Member of the Executive Council is investigating allegations which, if found to be correct, could result in the member’s appointment being terminated in terms of section 9(2).11. Meetings and procedures at meetings of the Board
12. Recusal of a member from meetings and proceedings of the Board
13. Remuneration of members of the Board
14. Establishment of committees to assist the Board
15. Co-opting of persons to the Board or committees of the Board
Chapter 4
Chief Executive Officer and staff of the Dube Tradeport Corporation
16. Chief Executive Officer of the Dube Tradeport Corporation
17. Functions of the Chief Executive Officer
18. Resignation and removal from office of the Chief Executive Officer
19. Staff of the Dube TradePort Corporation
20. Secondment or transfer of staff to the Dube TradePort Corporation
The Dube TradePort Corporation may utilise the services of persons seconded or transferred from the public service in accordance with the provisions of the Public Service Act, 1994 (Proclamation No. 103 of 1994).Chapter 5
Master Plan, policy directives and strategic guidelines
21. Master Plan
22. Policy directives and strategic guidelines
The responsible Member of the Executive Council may -Chapter 6
Funding and financial management of the Dube TradePort Corporation
23. Funds of the Dube TradePort Corporation
24. Financial management
25. Audit and annual report
26. Financial year of the Dube TradePort Corporation
The financial year of the Dube TradePort Corporation commences on 1 April of a particular year and ends on 31 March of the following year.27. Immovable property
The Dube TradePort Corporation may, in terms of a policy and procedures determined by the Board and with the approval of the responsible Member of the Executive Council, acquire, hold or dispose of immovable property in the course of its business.28. Legal proceedings against the Dube TradePort Corporation
Chapter 7
General provisions
29. Security of confidential information held by the Dube TradePort Corporation
30. Dissolution of the Dube TradePort Corporation
The Dube TradePort Corporation may only be dissolved in terms of an Act of the Provincial Legislature.31. Use of name of the Dube TradePort or Dube TradePort Corporation
32. Delegations
33. Regulations
The responsible Member of the Executive Council may, in consultation with the Board and by notice in the Gazette, make regulations regarding -34. Winding-up of Dube TradePort Company and transitional provisions
35. General offences
36. Penalties
Any person convicted of an offence in terms of this Act is liable to a fine or to imprisonment for a period not exceeding 5 years or to both such fine and imprisonment.37. Short title
This Act is called the KwaZulu-Natal Dube TradePort Corporation Act, 2010.History of this document
21 October 2010 this version
18 August 2010
Assented to