| (1) |
A panel for the shortlisting of persons to be interviewed for appointment as Commissioner or Deputy Commissioner is hereby established. |
(2)
| (a) |
The Shortlisting Panel for the Commissioner and Deputy Commission consists of— |
| (i) |
the Director-General or a Deputy Director-General of the National Treasury nominated by the Director-General as chairperson; |
| (ii) |
a Deputy Governor of the Reserve Bank or another employee of the Reserve Bank nominated by the Governor; |
[Regulation 9(2)(a)(ii) substituted by section 4(a) of Notice No. 850, GG43581, dated 5 August 2020]
| (iii) |
the Commissioner of the National Consumer Commission appointed in terms of section 87(1) of the Consumer Protection Act, 2008 (Act No. 68 of 2008), a Deputy Commissioner designated to perform the functions of Commissioner in terms of section 87(6)(b) of that Act, or that Commissioner’s or Deputy Commissioner's nominee; |
[Regulation 9(2)(a)(iii) substituted by section 4(a) of Notice No. 850, GG43581, dated 5 August 2020]
| (iv) |
a representative of the Ethics Institute of South Africa or the Institute of Directors in Southern Africa or any other body that focuses on ethics and good governance in the financial sector, designated by the Director-General of the National Treasury; and |
| (v) |
one person designated by the Minister who has suitable experience and expertise in the financial sector, and knowledge of the financial sector, that enables them to appropriately consider and assess the suitability of applicants for appointment as Commissioner or Deputy Commissioner. |
| (b) |
[Regulation 9(2)(b) deleted by section 4(b) of Notice No. 850, GG43581, dated 5 August 2020] |
| (3) |
In the performance by the Shortlisting Panel of the functions in terms of subregulation (6)— |
| (a) |
the Director-General, or his or her nominee, has a deliberative vote and, in the event of an equality of votes, a casting vote; and |
| (b) |
a quorum consists of the Director-General, or his or her nominee, and two other members of the Shortlisting Panel. |
(3A)
| (a) |
If a vacancy arises on the Shortlisting Panel and a quorum as specified in subregulation (3)(b) is constituted, the functions and processes of the Shortlisting Panel are not affected, and the Panel may continue to perform its functions. |
| (b) |
If any member of the Shortlisting Panel is replaced by a new member, the functions and processes of the Shortlisting Panel continue with the participation of that new member. |
[Regulation 9(3A) inserted by section 4(c) of Notice No. 850, GG43581, dated 5 August 2020]
(4)
| (a) |
The Shortlisting Panel determines its procedures, subject to applicable requirements of these Regulations. |
| (b) |
The procedure of the Shortlisting Panel must be fair, impartial, and transparent. |
| (5) |
The Director-General, or his or her nominee, must ensure that minutes of each meeting of the Panel are kept. |
(6)
| (a) |
The Shortlisting Panel must— |
| (i) |
scrutinise all applications for the positions advertised and assess whether they comply with the requirements of regulation 8(2); |
| (ii) |
assess whether the candidates satisfy the appointment criteria; and |
[Regulation 9(6)(a)(ii) substituted by section 4(d) of Notice No. 850, GG43581, dated 5 August 2020]
| (iii) |
submit a shortlist of one or more suitable candidates for each advertised position of Commissioner or Deputy Commissioner to the Minister for consideration for appointment. |
[Regulation 9(6)(a)(iii) substituted by section 4(e) of Notice No. 850, GG43581, dated 5 August 2020]
| (b) |
The Shortlisting Panel may interview applicants for appointment as part of the process referred to in paragraph (a). |
| (c) |
If the Shortlisting Panel determines that there are not sufficient candidates that are suitable to be shortlisted for interviewing for an advertised position from the applications received by the date referred to in regulation 7(1)(c), to meet the requirements of paragraph (a), the Panel may utilise headhunting to identify additional suitable candidates for shortlisting or request the Director-General of the National Treasury to re-advertise the position. |
[Regulation 9(6)(c) substituted by section 4(f) of Notice No. 850, GG43581, dated 5 August 2020]
Statistics Act, 1999
