Background

SCAC

Background

The State Corporations Advisory Committee (SCAC) was established under section 26 of the State Corporations Act, Cap. 446

Functions of SCAC under the State Corporations Act, Cap. 446

Under Section 27 of the State Corporations Act, Cap 446, SCAC is required to advise on the matters and perform any function it is required by the Act.  Additionally, it is required to:

  1. Review and investigate the affairs of State Corporations and make such recommendations to the President as it may deem necessary, with the assistance of experts where necessary.
  2. Advise the President on the establishment, recognition, or dissolution of state corporations, in consultation with the Attorney General and the Treasury.
  3. Advise on the appointment, removal or transfer of officers and staff of State Corporations, the secondment of public officers to State Corporations and the terms and conditions of any appointment, removal, transfer, or secondment, where necessary.
  4. Examine proposals by State Corporations to acquire interests in any business or to enter into joint ventures with other bodies or persons or to undertake new business or otherwise expand the scope of the activities and advise thereon.
  5. Under various other Sections of the Act, SCAC is required to advise:
    1. The President on removal of a Board or any member of a Board of a State Corporation; including revocation of appointments, nomination of new members of the Board, or constitution of a new board. (Sec 7 -3)
    2. The National Treasury on setting rules for the acquisition and disposal of assets (Sec 13-2)
    3. The relevant Cabinet Secretary on:
      • Terms and conditions of service for the CEO and staff of respective State Corporations (Sec 5-3).
      • Establishment of pension, gratuity superannuation, provident or other funds for the State Corporations employees and their dependents (Sec 5-4)
      • Appointment of alternate members to the Boards (Sec 6-4)
      • Approval of meeting venues other than the registered office (Sec 8-1c); and
      • Establishment of committees of the board (Sec 9)