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No. 37067
GOVERNMENT GAZETTE, 26 November 2013
Act No. 4 of 2013
Protection of Personal Information Act, 2013
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Conflict of interest
45. (1) If any member of the Regulator or any person appointed by the Regulator in
terms of this Act has a material interest in any matter which could conflict with the
proper performance of his or her duties in terms of this Act or the Promotion of Access
to Information Act, he or she must disclose that interest, as prescribed, as soon as
practicable after the relevant facts came to his or her knowledge.
(2) (a) If a member of the Regulator or person referred to in subsection (1)—
(i) is present at a meeting of the Regulator or committee referred to in section 49
or 50 at which a matter contemplated in that subsection is to be considered, the
member or person concerned must disclose the nature of his or her interest to
the meeting before the matter is considered; or
(ii) fails to make a disclosure as required by this subsection and is present at a
meeting of the Regulator or committee, as the case may be, or in any other
manner participates in the proceedings, such proceedings in relation to the
relevant matter must, as soon as the non-disclosure is discovered, be reviewed
and be varied or set aside by the Regulator or the committee, as the case may
be, without the participation of the member or person concerned.
(b) A member of the Regulator or person referred to in subsection (1) who is obliged
to make a disclosure in terms of this subsection may not be present during any
deliberation, or take part in any decision, in relation to the matter in question.
(c) Any disclosure made in terms of this subsection must be noted in the minutes of
the relevant meeting of the Regulator or committee.
(3) A member of the Regulator or person referred to in subsection (1) who has
disclosed a conflict of interest in terms of subsection (1)—
(a) may perform all duties relating to the matter in question if a decision has been
taken that the interest is trivial or irrelevant; or
(b) must be relieved of all duties relating to the matter in question and such duties
must be performed by another member of the Regulator or by another person
referred to in subsection (1), as the case may be, who has no such conflict of
interest.
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Remuneration, allowances, benefits and privileges of members
46. (1) A member of the Regulator or a person referred to in section 49(1)(b) or
50(1)(b) who is not subject to the provisions of the Public Service Act, 1994
(Proclamation No. 103 of 1994), or who is not a judge of the High Court of South Africa
or a magistrate will be entitled to such remuneration, allowances, including allowances 35
for reimbursement of travelling and subsistence expenses incurred by him or her in the
performance of his or her functions under this Act and the Promotion of Access to
Information Act, benefits and privileges as the Minister in consultation with the Minister
of Finance may determine.
(2) The remuneration, allowances, benefits or privileges of different members of the 40
Regulator may differ according to the different—
(a) positions held by them in the Regulator; or
(b) functions performed, whether in a part-time or full-time capacity, by them
from time to time.
Staff
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47. (1) The Regulator must establish its own administration to assist it in the
performance of its functions and to this end the Regulator must appoint, or secure the
secondment in terms of subsection (6) of—
(a) a suitably qualified and experienced person as chief executive officer of the
Regulator for the purpose of assisting the Regulator, subject to the Regulator’s 50
direction and supervision, in the performance of all financial and administrative functions in terms of this Act and the Promotion of Access to Information
Act, work arising from the administration of this Act and the Promotion of