POPIA – The Protection of Personal Information Act
Appointment, term of office and removal of members of Regulator – Section 41
Appointment, term of office and removal of members of Regulator
The Regulator consists of the following members:
A Chairperson; and
four other persons, as ordinary members of the Regulator.
Members of the Regulator must be appropriately qualified, fit and proper persons—
at least one of whom must be appointed on account of experience as a practising advocate or attorney or a professor of law at a university; and
the remainder of whom must be appointed on account of any other qualifications, expertise and experience relating to the objects of the Regulator.
The Chairperson of the Regulator must be appointed in a full-time capacity and may, subject to subsection (4), not perform or undertake to perform any other remunerative work during the period in which he or she holds office as Chairperson.
The ordinary members of the Regulator must be appointed as follows:
Two ordinary members in a full-time capacity; and
two ordinary members in a full-time or part-time capacity.
The members referred to in paragraph (d) who are appointed in a full-time capacity, may, subject to subsection (4), not perform or undertake to perform any other remunerative work during the period in which they hold office.
The Chairperson must direct the work of the Regulator and the staff of the Regulator.
A person may not be appointed as a member of the Regulator if he or she—
is not a citizen of the Republic;
is a public servant;
is a member of Parliament, any provincial legislature or any municipal council;
is an office-bearer or employee of any political party;
is an unrehabilitated insolvent;
has been declared by a court to be mentally ill or unfit; or
has at any time been convicted, whether in the Republic or elsewhere, of any offence involving dishonesty.
The Chairperson and the members of the Regulator referred to in subsection (1)(a) must be appointed by the President on the recommendation of the National Assembly, which recommendation must also indicate which ordinary members must be appointed in a full-time or part-time capacity.
The National Assembly must recommend persons—
nominated by a committee of the Assembly composed of members of parties represented in the Assembly; and
approved by the Assembly by a resolution adopted with a supporting vote of a majority of the members of the Assembly.
The members of the Regulator will be appointed for a period of not more than five years and will, at the expiration of such period, be eligible for reappointment.
The Chairperson of the Regulator or a member who has been appointed in a full-time capacity may, notwithstanding the provisions of subsection (1)(c) or (e), only perform or undertake to perform any other remunerative work during the period that he or she holds office as Chairperson or member with the prior written consent of the Minister.
A person appointed as a member of the Regulator may, upon written notice to the President, resign from office.
A member may be removed from office only on—
the ground of misconduct, incapacity or incompetence;
a finding to that effect by a committee of the National Assembly; and
the adoption by the National Assembly of a resolution calling for that person’s removal from office.
A resolution of the National Assembly concerning the removal from office of a member of the Regulator must be adopted with a supporting vote of a majority of the members of the Assembly.
may suspend a member from office at any time after the start of the proceedings of a committee of the National Assembly for the removal of that member; and
must remove a member from office upon adoption by the Assembly of the resolution calling for that member’s removal.