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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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to achieve the objects of the Regulator, and is for those purposes accountable
to the Regulator.
Committees of Regulator
49. (1) The Regulator may, if it considers it necessary for the proper performance of
its functions establish one or more committees, which must consist of—
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(a) such members of the Regulator as the Regulator may designate; or
(b) such members of the Regulator as the Regulator may designate and other
persons appointed by the Regulator, as referred to in section 47(7), for the
period determined by the Regulator.
(2) The Regulator may at any time extend the period of an appointment referred to in 10
subsection (1)(b) or, if in its opinion good reasons exist therefor, revoke any such
appointment.
(3) The Regulator must designate the chairperson and, if the Regulator deems it
necessary, the vice-chairperson of a committee established under subsection (1).
(4) (a) A committee referred to in subsection (1) must, subject to the directions of the 15
Regulator, perform those functions of the Regulator assigned to it by the Regulator.
(b) Any function so performed by a committee referred to in subsection (1) will be
deemed to have been performed by the Regulator.
(5) The Regulator may at any time dissolve any committee established by the
Regulator.
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(6) The provisions of sections 40(4) and 51 will apply, with the necessary changes, to
a committee of the Regulator.
Establishment of Enforcement Committee
50. (1) The Regulator must establish an Enforcement Committee which must consist
of—
(a) at least one member of the Regulator; and
(b) 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—
(a) in consultation with the Chief Justice and Minister, appoint a—
(i) judge of the High Court of South Africa, whether in active service or not;
or
(ii) magistrate with at least 10 years’ appropriate experience, whether in
active service or not; or
(b) 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.
(4) (a) 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.
(b) A 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.
Meetings of Regulator
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51. (1) Meetings of the Regulator must be held at the times and places determined by
the Chairperson of the Regulator.
(2) Three members of the Regulator constitute a quorum for a meeting.
(3) (a) The Chairperson may regulate the proceedings at meetings as he or she may
think fit and must keep minutes of the proceedings.
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(b) If the Chairperson is absent from a meeting the members present shall elect one of
their number to preside at that meeting.