Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998
54
No. 37067
GOVERNMENT GAZETTE, 26 November 2013
Act No. 4 of 2013
Protection of Personal Information Act, 2013
54
(f) The Chairperson must direct the work of the Regulator and the staff of the
Regulator.
(g) A person may not be appointed as a member of the Regulator if he or she—
(i) is not a citizen of the Republic;
(ii) is a public servant;
(iii) is a member of Parliament, any provincial legislature or any municipal
council;
(iv) is an office-bearer or employee of any political party;
(v) is an unrehabilitated insolvent;
(vi) has been declared by a court to be mentally ill or unfit; or
(vii) has at any time been convicted, whether in the Republic or elsewhere, of any
offence involving dishonesty.
(2) (a) The Chairperson and the members of the Regulator referred to in subsection
(1)(a) must be appointed by the President on the recommendation of the National
Assembly, which recommendation must also indicate which ordinary members must be
appointed in a full-time or part-time capacity.
(b) The National Assembly must recommend persons—
(i) nominated by a committee of the Assembly composed of members of parties
represented in the Assembly; and
(ii) approved by the Assembly by a resolution adopted with a supporting vote of
a majority of the members of the Assembly.
(3) The members of the Regulator will be appointed for a period of not more than five
years and will, at the expiration of such period, be eligible for reappointment.
(4) The Chairperson of the Regulator or a member who has been appointed in a
full-time capacity may, notwithstanding the provisions of subsection (1)(c) or (e), only
perform or undertake to perform any other remunerative work during the period that he
or she holds office as Chairperson or member with the prior written consent of the
Minister.
(5) A person appointed as a member of the Regulator may, upon written notice to the
President, resign from office.
(6) (a) A member may be removed from office only on—
(i) the ground of misconduct, incapacity or incompetence;
(ii) a finding to that effect by a committee of the National Assembly; and
(iii) the adoption by the National Assembly of a resolution calling for that person’s
removal from office.
(b) A resolution of the National Assembly concerning the removal from office of a
member of the Regulator must be adopted with a supporting vote of a majority of the
members of the Assembly.
(c) The President—
(i) may suspend a member from office at any time after the start of the
proceedings of a committee of the National Assembly for the removal of that
member; and
(ii) must remove a member from office upon adoption by the Assembly of the
resolution calling for that member’s removal.
Vacancies
5
10
15
20
25
30
35
40
45
42. (1) A vacancy in the Regulator occurs if a member—
(a) becomes subject to a disqualification referred to in section 41(1)(g);
(b) tenders his or her resignation as contemplated in section 41(5) and the
resignation takes effect;
(c) is removed from office in terms of section 41(6);
50
(d) dies; or
(e) becomes permanently incapable of doing his or her work.
(2) (a) Where a vacancy has arisen as contemplated in subsection (1), the procedure
contemplated in section 41(2) applies.
(b) Any member appointed under this subsection holds office for the rest of the period 55
of the predecessor’s term of office, unless the President, upon recommendation by the
National Assembly, appoints that member for a longer period which may not exceed five
years.