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Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Act, 2002 (Act No. 19 of 2002)

Part 3 : Composition and Membership of Commission

11. Procedure for appointment of members

 

1) Whenever it is necessary to appoint the members of the Commission contemplated in section 9(1)(b), the Minister must-
a) through advertisements in the media, nationally and in each of the provinces, and, where necessary, by other means, invite organisations or individuals within the cultural, religious and linguistic Communities of South Africa to nominate persons complying with section 10 for appointment to the Commission;
b) take further steps to invite organisations and individuals within the cultural, religious and linguistic communities of South Africa to nominate persons complying with section 10 for appointment to the Commission if the initial nominations as a result of advertisements or invitations referred to in paragraph (a) would not meet the requirements of section 9(3);
c) compile a list of the names of persons nominated in respect of each of the various cultural, religious and linguistic communities, setting out the prescribed particulars of each individual nominee; and
d) appoint a selection panel consisting of persons who command public respect for their fair-mindedness, wisdom and understanding of issues concerning South African cultural, religious and linguistic communities.

 

2) Any nomination made pursuant to an advertisement in terms of subsection (1)(a) an invitation in terms of subsection (1)(b) must be supported by-
a) the personal details of the nominee;
b) particulars of the nominee’s involvement in cultural, religious and linguistic affairs, including a list of the cultural, religious and linguistic organisations of which that nominee is a member, an office-bearer or in which that nominee is an active participant;
c) particulars of the nominee’s knowledge and experience concerning issues relevant to-
i) the promotion and protection of the rights of cultural, religious and linguistic communities; and
ii) nation-building; and
d) any other information that may be prescribed.

 

3) The selection panel must-
a) select persons who qualify to be members of the Commission and who would be most suited to serve on the Commission;
b) select persons whose appointment would meet the requirements of section 9(3);
c) select from the list compiled in terms of subsection (1)(c) at least one and a half times the number of members to be appointed as a result of-
i) a new term of the Commission;
ii) an increase in the number of members contemplated in section 9(1)(b); or
iii) a vacancy; and
d) submit the names of the selected persons to the President together with reasons why they were selected.

 

4) The President must-
a) appoint the members of the Commission from the names of the selected persons submitted in terms of subsection (3)(d); and
b) comply with section 9(3) when making the appointments.