Short title of law

No and year of law

Extent of amendment

National Regulator for Compulsory Specifications Act, 2008

Act No. 5 of 2008

1. The substitution for sections 6, 7 and 8 of the following sections:

‘‘Appointment of Chief Executive Officer of National Regulator

6. (1) The Minister must appoint a person with suitable qualifications and experience as Chief Executive Officer for a term of five years.

(2) The Minister may re-appoint a person as Chief Executive Officer at the expiry of his or her term for one additional term of five years.

(3) The Chief Executive Officer is responsible for the general administration of the National Regulator 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 Chief Executive Officer by or in terms of this Act;

(b) manage and direct the activities of the National Regulator; and

(c) supervise the National Regulator’s staff.

(4) The Minister must, in consultation with the Minister of Finance, determine the Chief Executive Officer’s remuneration, allowances, benefits and other terms and conditions of employment.

(5) The Chief Executive Officer may, on three month’s written notice addressed to the Minister, resign as Chief Executive Officer.

(6) The Minister may remove the Chief Executive Officer from office for—

Appointment of Deputy Chief Executive Officer of National Regulator

7. (1) The Chief Executive Officer, with the concurrence of the Minister, must appoint a person with suitable qualifications and experience as Deputy Chief Executive Officer for a term of five years.

(2) The Minister may re-appoint a person as Deputy Chief Executive Officer at the expiry of his or her term.

(3) The Minister must, in consultation with the Minister of Finance, determine the Deputy Chief Executive Officer’s remuneration, allowances, benefits and other terms and conditions of employment.

(4) The Deputy Chief Executive Officer may, on three month’s written notice addressed to the Minister, resign as Deputy Chief Executive Officer.

(5) The Minister may remove the Deputy Chief Executive Officer from office for—

(a) serious misconduct;

(b) permanent incapacity;

(c) engaging in any activity that may under- mine the integrity or standing of the National Regulator; or

(d) any other legitimate ground that justifies the removal of the Chief Executive Officer.

(6)  The Deputy Chief Executive Officer must perform the functions of the Chief Executive Officer whenever—

(a) the Chief Executive Officer is unable for any reason to perform those functions; or

(b) the office of Chief Executive Officer is vacant.

Appointment of staff of National Regulator

8. The Chief Executive Officer may—

(a)  appoint staff, or contract with any other persons, to assist the National Regulator in carrying out its functions; and

(b)  in consultation with the Minister and the Minister of Finance, determine the remuneration, allowances, benefits, and other terms and conditions of appointment of each member of the staff.’’

2. The repeal of sections 9 and 10.

3. The substitution for section 11 of the following section:

‘‘Committees

11. (1) The Minister may establish one or more specialist committees to advise the National Regulator on the management of its resources or the performance of its functions.

(2) The Minister may assign specific powers to a specialist committee for the purposes of performing any function contemplated in sub-section (1).

(3)  A specialist committee may—

(a)  be established for an indefinite term or for a period determined by the Minister when the committee is established; and

(b)  determine its own procedures.

(4)  A specialist committee established under this section must—

(a)  perform its functions impartially and without fear, favour or prejudice; and

(b)  consist of—

(i)  not more than eight persons who are independent from the National Regulator and who are appointed by the Minister to serve for a period of not more than five years determined by the Minister when the person is appointed; and

(ii)  not more than two senior employees of the National Regulator designated by the Chief Executive Officer.

(5)  Any specialist committee established in terms of subsection (1) must be chaired by a member of the specialist committee.

(6) To be appointed or designated as a member of a specialist committee in terms of this section, a person must—

(a)  be a fit and proper person; and

(b)  have appropriate qualifications and competencies to perform effectively as a member of the specialist committee.

(7) The members of a specialist committee must not—

(a)  act in any way that is inconsistent with subsection 4(a) or expose themselves to any situation in which the risk of a conflict may arise between their responsibilities and any personal or financial interest; or

(b)  use their position or any information entrusted to them to enrich themselves or improperly benefit any other person.

(8)  A member ceases to be a member of a specialist committee if the—

(a)  member resigns from the specialist committee;

(b)  Minister terminates the person’s membership because the member no longer complies with subsection (6) or has contravened subsection (7); or

(c)  member’s term has expired.

(9) A member of a specialist committee who has personal or financial interest in any matter on which the specialist committee gives advice must disclose that interest and withdraw from the proceedings of the specialist committee when that matter is discussed.

(10) The National Regulator must remunerate a member contemplated in subsection (4)(b)(i) and compensate the member for expenses, as determined by the Minister, in consultation with the Minister of Finance.

(11) A member who is employed by an organ of state is not entitled to remuneration or any allowance, but must be reimbursed for out-of-pocket expenses by the National Regulator.

4. The substitution for section 12 of the following section:

Advisory Forum

12. (1) The [Board] Minister must establish an Advisory Forum [with a balance of interests] consisting of representatives of organisations who have an interest in the matters contemplated in this Act.

(2)  The Advisory Forum must advise the [Board] Minister on—

(a)  matters in respect of which the National Regulator could play a role; and

(b)  any other matter on which the [Board] Minister requests advice.

(3) The [Board] Minister must establish a constitution and, if necessary, rules for the Advisory Forum.’’.

5.  The amendment of section 13 by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:

‘‘The Minister may, on the recommendation of the [Board] National Regulator, in respect of any commodity, product or service which may affect public safety, health or the environment, by notice in the Gazette—’’.

6.  The amendment of section 15—

(a)  by the substitution in subsection (3) for the words preceding paragraph (a) of the following words:

‘‘If the National Regulator finds that a commodity or product referred to in sub- section (1) does not conform to the com- pulsory specification concerned, the [Board] National Regulator may—"

(b) by the substitution in subsection (3) for para- graph (c) of the following paragraph:

‘‘(c) direct in writing that the consignment or batch of the article concerned be confiscated, destroyed or dealt with in such other manner as the [Board] National Regulator may consider fit.’’; and

(c) by the substitution for subsection (4) of the following subsection:

‘‘(4) The [Board] National Regulator must inform the Minister in writing on action taken in terms of subsection (3) within 21 days.’’.

7. The repeal of sections 21, 22 and 23.

8. The substitution for section 25 of the following section:

‘‘Delegation and assignment

25. (1) The Chief Executive Officer may delegate any power conferred on him or her, or any duty assigned to him or her, under this Act to any other person with appropriate knowledge and experience who is under the control of the Chief Executive Officer.

(2) A delegation or assignment under subsection (1) must be in writing and—

(a) may be subject to any conditions or restrictions determined by the Chief Executive Officer;

(b) does not prevent the exercise of the relevant power by the Chief Executive Officer; and

(c) may be withdrawn or amended by the Chief Executive Officer.’’.