Establishment of Enforcement Committee – Section 50

Chapter 5


Part A

Information regulator

Section 50

Establishment of Enforcement Committee

  1. The Regulator must establish an Enforcement Committee which must consist of—
    1. at least one member of the Regulator; and
    2. such other persons appointed by the Regulator, as referred to in section 47(7), for the period determined by the Regulator.
  2. The Regulator must—
    1. in consultation with the Chief Justice and Minister, appoint a—
      1. judge of the High Court of South Africa, whether in active service or not; or
      2. magistrate with at least 10 years’ appropriate experience, whether in active service or not; or
    2. appoint an advocate or attorney with at least 10 years’ appropriate experience, as Chairperson of the Enforcement Committee.
  3. The Chairperson of the Enforcement Committee must manage the work of and preside at hearings of the Enforcement Committee.
    1. A member referred to in subsection (1)(a) may not participate in any proceedings of the Regulator in terms of which a decision is taken with regard to a recommendation by the Enforcement Committee as referred to in section 93.
    2. person referred to in subsection (1)(b) must be a fit and proper person and must comply with the criteria, referred to in section 41(1)(g), for appointment as a member of the Regulator.