| (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 |
| (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. |
[Section 11 substituted by amendment No. 3 of Schedule 2 of Act No. 9 of 2014 of the Legal Metrology Act, 2014]
Foodstuffs, Cosmetics and Disinfectants Act, 1972
