| (i) |
a full-time Chief Commissioner and a full-time Deputy Chief Commissioner; and |
| (ii) |
not less than two but not more than 10 other Commissioners, each appointed to serve either full-time or part-time, |
appointed by the President on the recommendation of the Minister, subject to section 9.
| (b) |
The Minister must, by notice in the Gazette and in any national newspaper, invite nominations for appointment of persons as members of the Commission. |
| (c) |
The members of the Commission must, when viewed collectively, be representative of a broad cross-section of the population of the Republic, including women, and the President must endeavour to ensure participation by significant economic sectors. |
| (2) |
The President must, when making an appointment in terms of subsection (1)(a)(ii), determine— |
| (a) |
whether the appointee is to be a full-time or part-time Commissioner; and |
| (b) |
the term of the appointment, which may not exceed five years. |
| (3) |
If a vacancy arises as a result of the departure of a full-time Commissioner, the President may, on the recommendation of the Minister— |
| (a) |
leave the position vacant; |
| (b) |
if the member's term of office has expired, reappoint that member subject to section 9; or |
| (i) |
appoint a new member in accordance with subsection (2); or |
| (ii) |
on the request of a part-time member, transfer that part-time member to fill that vacancy on a full-time basis either for— |
| (d) |
the remainder of that member's term of office; or |
| (e) |
a term determined by the President in accordance with subsection (2). |
| (4) |
If a vacancy arises as a result of the departure of a part-time Commissioner, the President may, on the recommendation of the Minister— |
| (a) |
leave the position vacant; |
| (b) |
if the member's term of office has expired, reappoint that member subject to section 9; or |
| (i) |
appoint a new member on a part-time basis in accordance with subsection (2); or |
| (ii) |
on the request of a full-time member, transfer that member to fill that vacancy on a part-time basis either for— |
| (aa) |
the remainder of that member's term of office; or |
| (bb) |
a term determined by the President in accordance with subsection (2). |
| (5) |
A person may not serve as Chief Commissioner for more than 10 consecutive years. |
| (6) |
The Minister must, with the concurrence of the Minister of Finance, determine the remuneration, allowances, benefits and other terms and conditions of employment of the Chief Commissioner, Deputy Chief Commissioner and each other member of the Commission. |
| (7) |
During the term of office of a member of the Commission, the Minister may not reduce the member's salary, allowances or benefits. |
| (8) |
The Minister may determine any other conditions of appointment not provided for in this section, but any such conditions may not be of such a nature as to reduce the independence of the Commissioner concerned. |
[Date of commencement of section 8: 21 February 2003]
Older Persons Act, 2006
