| 1) |
The Minister may direct the Commission to take any action specified by the Minister if the Commission has failed to perform its functions in an effective and efficient manner. |
| 2) |
A directive contemplated in subsection (1) must state— |
| a) |
the reason for issuing the directive; |
| b) |
the steps which must be taken to remedy the situation; and |
| c) |
a reasonable period within which the steps contemplated in paragraph (b) must be taken. |
| a) |
If the Commission fails to comply with the directive contemplated in subsection (1), the Minister may— |
| i) |
after having given the Commission a reasonable opportunity to be heard; and |
| ii) |
after having afforded the Commission a hearing on any submissions received, |
replace the members of the Commission or, where circumstances so require, appoint a person as an administrator to take over one or more functions of the Commission subject to such conditions as the Minister may determine.
| b) |
Any vacancy occurring as a result of the application of paragraph (a) must be filled in the manner provided for in section 62C. |
| 4) |
If the Minister appoints an administrator in terms of subsection (3)— |
| a) |
the administrator may do anything which the Commission might otherwise be empowered or required to do under or in terms of this Act; and |
| b) |
the Commission may not, while the administrator is responsible for a particular function, exercise any of its powers or perform any of its duties relating to that function. |
| 5) |
Once the Minister is satisfied that the Commission is able to perform its functions in an effective and efficient manner, the Minister must terminate the appointment of the administrator. |
| a) |
Notwithstanding subsection (3), the Minister may dissolve the Commission if the Minister loses confidence in the ability of the Commission to perform its functions effectively and efficiently. |
| b) |
The Minister may dissolve the Commission only after having- |
| i) |
provided the Commission with reasons for losing confidence in its abilities; |
| ii) |
given the Commission a reasonable opportunity to respond to those reasons; and |
| iii) |
afforded the Commission a hearing on any submissions received. |
| c) |
If the Minister dissolves the Commission, the Minister- |
| i) |
may appoint an administrator to take over the functions of the Commission and to do anything which the Commission might otherwise be empowered or required to do under or in terms of this Act, subject to such conditions as the Minister may determine; and |
| ii) |
must, as soon as it is feasible, but not later than three months after the dissolution of the Commission, appoint the members of the Commission in the manner provided for in section 62C. |
Older Persons Act, 2006
