| (1) |
The Minister, with the concurrence of Cabinet, shall appoint a person who is— |
| (a) |
a South African citizen; and |
| (b) |
a fit and proper person, |
with due regard to his or her experience, conscientiousness and integrity, to be entrusted with the responsibilities of the office concerned, as the National Head of the Directorate for a non-renewable fixed term of not shorter than seven years and not exceeding 10 years.
| (2) |
The period referred to in subsection (1) is to be determined at the time of appointment. |
| (3) |
The Minister shall report to Parliament on the appointment of the National Head of the Directorate within 14 days of the appointment if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session. |
| (4) |
The Minister in consultation with the National Head of the Directorate and with the concurrence of Cabinet, shall appoint a person who is— |
| (a) |
a South African citizen; and |
| (b) |
a fit and proper person, |
with due regard to his or her experience, conscientiousness and integrity, to be entrusted with the responsibilities of the office concerned, as a Deputy National Head of the Directorate for a non-renewable fixed term of not shorter than seven years and not exceeding 10 years.
| (5) |
The period referred to in subsection (4) is to be determined at the time of appointment. |
| (6) |
The Minister in consultation with the National Head of the Directorate and with the concurrence of Cabinet, shall appoint a person who is— |
| (a) |
a South African citizen; and |
| (b) |
a fit and proper person, |
with due regard to his or her experience, conscientiousness and integrity, to be entrusted with the responsibilities of the office concerned, as a Provincial Head of the Directorate for a non-renewable fixed term of not shorter than seven years and not exceeding 10 years.
| (7) |
The period referred to in subsection (6) is to be determined at the time of appointment. |
| (a) |
The remuneration, allowances and other terms and conditions of service and service benefits of the National Head of the Directorate shall be determined by the Minister with the concurrence of the Minister of Finance, by notice in the Gazette. |
| (b) |
The remuneration, allowances and other terms and conditions of service and service benefits of the Deputy National Head and Provincial Heads of the Directorate shall be determined by the Minister after consultation with the National Head of the Directorate and with the concurrence of the Minister of Finance: Provided that— |
| (i) |
the salary of the National Head of the Directorate shall not be less than the salary level of the highest paid Deputy National Commissioner of the Service; |
| (ii) |
the salary of the Deputy National Head of the Directorate shall not be less than the salary level of the highest paid Divisional Commissioner; and |
| (iii) |
the salary of a Provincial Head of the Directorate shall not be less than the salary level of the highest paid Deputy Provincial Commissioner. |
| (9) |
The Minister shall submit the remuneration scale payable to the National Head, Deputy National Head and Provincial Heads of the Directorate to Parliament for approval, and such remuneration scale may not be reduced except with the concurrence of Parliament. |
| (10) |
The Deputy National Head of the Directorate shall exercise such powers and perform such functions as the National Head of the Directorate may in terms of this Act or any other law assign to him or her. |
| (11) |
A Provincial Head of the Directorate shall exercise such powers or perform such functions as the National Head of the Directorate may, in terms of this Act, or any other law assign to him or her. |
| (a) |
Whenever the National Head of the Directorate is absent or unable to perform his or her functions, the Minister shall appoint the Deputy National Head of the Directorate as the acting National Head of the Directorate. |
| (b) |
Whenever the office of the National Head of the Directorate is vacant, or the National Head of the Directorate is for any reason unable to take up the appointment contemplated in subsection (1), the Minister shall appoint the Deputy National Head of the Directorate as the acting National Head of the Directorate. |
| (c) |
If both the National Head of the Directorate and the Deputy National Head of the Directorate are absent, the Minister shall appoint a suitably qualified and experienced person as the acting National Head of the Directorate. |
| (d) |
Whenever the Deputy National Head of the Directorate is absent or unable to perform his or her functions, the National Head of the Directorate shall appoint a suitably qualified and experienced person as the acting Deputy National Head of the Directorate. |
| (e) |
Whenever the office of the Deputy National Head of the Directorate is vacant the Head of the Directorate shall appoint a suitably qualified person as the Acting Deputy National Head of the Directorate. |
| (13) |
In the event of a vacancy in the office of the National Head of the Directorate, the Deputy National Head of the Directorate or a Provincial Head of the Directorate, such vacancy shall be filled in terms of this section within six months from the date when such vacancy arose. |
| (14) |
If the National Head or Deputy National Head of the Directorate, as may be applicable, attains the age of 60 years after the first day of any month, he or she shall be deemed to have attained that age on the first day of the next succeeding month. |
| (15) |
The Minister shall with the consent of the National Head or Deputy National Head of the Directorate, retain the National Head, or the Deputy National Head of the Directorate, as may be applicable, in his or her office beyond the age of 60 years for such period which shall not— |
| (b) |
exceed two years, except with the approval of Parliament granted by resolution. |
| (16) |
The National Head or Deputy National Head of the Directorate may only be retained as contemplated in subsection (15) if— |
| (a) |
he or she wishes to continue to serve in such office; and |
| (b) |
the mental and physical health of the person concerned enables him or her so to continue. |
| (17) |
The Minister shall make regulations under section 24 of this Act and if such regulations or any amendment thereto affect the Directorate, the regulations shall be submitted to Parliament for approval— |
| (a) |
at least one month before promulgation, if Parliament is in session; or |
| (b) |
if Parliament is not in session, within one month after the next ensuing session. |
| (18) |
The regulations referred to in section 17G of this Act shall be submitted to Parliament for approval. |
| (19) |
Any disciplinary action against a Deputy National Head, Provincial Head, member or employee in the service of the Directorate, as may be applicable, shall be considered and finalised within the Directorate's structures subject to the relevant prescripts. |
| (20) |
No Deputy National Head of the Directorate, Provincial Head of the Directorate, member or administrative staff of the Directorate may be— |
from the Directorate, except after approval by the National Head of the Directorate.
| (21) |
The National Commissioner may only in consultation with the National Head of the Directorate involve members of the Directorate in national joint operations and in circumstances that would be of assistance to the Directorate in the execution of its mandate and functions in terms of this Act. |
| (22) |
The National Head of the Directorate shall not be involved in management functions of the Service, except as required in terms of Chapter 6A of this Act and shall be accountable to the Minister. |
[Section 17CA inserted by section 7 of the Act No. 10 of 2012]
Witness Protection Act, 1998
