Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Chapter 5 : National Consumer Protection InstitutionsPart B : Establishment of National Consumer Commission87. Appointment of Commissioner |
| 1) | The Minister must appoint a person with suitable qualifications and experience in economics, law, commerce, industry or public affairs as Commissioner of the Commission, who— |
| a) | is responsible for all matters pertaining to the functions of the Commission under this Act; and |
| b) | holds office for an agreed term not exceeding five years. |
| 2) | Before the Minister makes an appointment in terms of subsection (1) the relevant Parliamentary Committee must be consulted with respect to such appointment. |
| 3) | A person may be reappointed as Commissioner on the expiry of an agreed term of office. |
| 4) | The Commissioner is the accounting authority for the Commission, and as such is responsible for— |
| a) | all income and expenditure of the Commission; |
| b) | all revenue collected by the Commission; |
| c) | all assets, and the discharge of all liabilities of the Commission; and |
| d) | the proper and diligent implementation of the Public Finance Management Act, 1999 (Act No. 1 of 1999), with respect to the Commission. |
| 5) | The Commissioner may— |
| a) | assign management or other duties to employees with appropriate skills to assist the Commission in the management, or control over the functioning, of the Commission; and |
| b) | delegate, with or without conditions, any of the powers or functions of the Commissioner to any suitably qualified employee of the Commission, but any such delegation does not divest the Commissioner of responsibility for the exercise of any power or performance of any duty. |
| 6) |
| a) | The Minister must appoint at least one person, and may appoint other persons with suitable qualifications and experience in economics, law, commerce, industry or public affairs as Deputy Commissioner to assist the Commissioner in carrying out the functions of the Commission. |
| b) | The Minister must designate a Deputy Commissioner to perform the functions of the Commission whenever— |
| i) | the Commissioner is unable for any reason to perform the functions of the Commissioner; or |
| ii) | the office of the Commissioner is vacant. |
| 7) | The Minister must, in consultation with the Minister of Finance, determine the Commissioner’s and Deputy Commissioner’s remuneration, allowances, benefits and other terms and conditions of employment. |
