| (1) |
The Minister must appoint a person with suitable qualifications and experience in economics, law, commerce, industry or public affairs to be the Commissioner for a term of five years. |
| (2) |
The Minister may re-appoint a person as Commissioner at the expiry of that person's term of office. |
| (3) |
The Commissioner, who is the Chief Executive Officer of the Competition Commission, is responsible for the general administration of the Commission and for carrying out any functions assigned to it in terms of this Act, and must— |
| (a) |
perform the functions that are conferred on the Commissioner by or in terms of this Act; |
| (b) |
manage and direct the activities of the Commission; and |
| (c) |
supervise the Commission's staff. |
| (3A) |
The Commissioner, after consultation with the Minister, may determine a policy regarding the delegation of authority in the Competition Commission in order to facilitate administrative and operational efficiency. |
[Section 22(3A) inserted by section 18 of Notice No. 175, GG 42231, dated 14 February 2019]
| (3B) |
The delegation of authority referred to in subsection (3A) may— |
| (a) |
provide for the delegation to a Deputy Commissioner or another staff member of the Commission of— |
| (i) |
any of the Commissioner’s powers, functions or duties conferred or imposed upon the Commissioner under this Act, except those referred to in sections 24 and 25(1)(b); and |
| (ii) |
any of the Competition Commission’s powers, functions or duties conferred or imposed upon the Commission under this Act, except those referred to in section 15; and |
| (b) |
in appropriate circumstances, include the power to sub-delegate a delegated power. |
[Section 22(3B) inserted by section 18 of Notice No. 175, GG 42231, dated 14 February 2019]
| (3C) |
The Commissioner may— |
| (a) |
delegate only in terms of the policy on delegations of authority; |
| (b) |
delegate either to a specific individual or the incumbent of a specific post; |
| (c) |
delegate subject to any conditions or restrictions that are deemed fit; |
| (d) |
withdraw or amend a delegation made in terms of the policy on delegations of authority; |
| (e) |
withdraw or amend any decision made by a person who exercises a power or performs a function or duty delegated in terms of the policy on delegations of authority. |
[Section 22(3C) inserted by section 18 of Notice No. 175, GG 42231, dated 14 February 2019]
| (3D) |
A delegation in terms of the delegations of authority policy— |
| (a) |
must be in writing, unless it is impracticable in the circumstances; |
| (b) |
does not limit or restrict the competence of the Commissioner to exercise or perform any power, function or duty that has been delegated; |
| (c) |
does not divest the Commissioner of the responsibility concerning the exercise of the power or performance of the delegated duty; and |
| (d) |
is subject to the limitations, conditions and directions that the policy on delegations of authority imposes. |
[Section 22(3D) inserted by section 18 of Notice No. 175, GG 42231, dated 14 February 2019]
| (4) |
The Minister must, in consultation with the Minister of Finance, determine the Commissioner's remuneration, allowances, benefits, and other terms and conditions of employment. |
| (5) |
The Commissioner, on one month written notice addressed to the Minister, may resign as Commissioner. |
| (a) |
must remove the Commissioner from office if that person becomes subject to any of the disqualifications referred to in section 28(3)(a) to (d); and |
| (b) |
other than as provided in paragraph (a), may remove the Commissioner from office only for— |
| (II) |
permanent incapacity; or |
| (III) |
engaging in any activity that may undermine the integrity of the Competition Commission. |
Copyright Act, 1978
