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Substitution of section 4 of Act 65 of 1996, as amended by section 2 of Act 18 of 2004
4. The following section is hereby substituted for section 4 of the principal Act:
‘‘Composition of Council
4. (1) The Council shall consist of—
(a) a chairperson and a deputy chairperson appointed by the Minister;
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(b) such number of members, not exceeding seven, as the Minister may
appoint having regard to the need to ensure that the membership of the
Council is broadly representative of the South African community and
relevant stakeholders; and
(c) the chief executive officer appointed by the Council in consultation 10
with the Minister.
(2) (a) In the absence of the chairperson the deputy chairperson shall act
as chairperson.
(b) In the absence of the chairperson and the deputy chairperson at a
meeting, the Council shall elect one of the members present to act as the 15
chairperson of that meeting.
(3) Decisions of the Council shall be taken by a majority of votes, and in
the case of an equality of votes, the chairperson of the meeting shall have
the casting vote.
(4) A quorum of the Council is constituted by fifty per cent plus one of its 20
total number of members.’’.
Insertion of section 4A in Act 65 of 1996
5. The following section is hereby inserted in the principal Act after section 4:
‘‘Powers and duties of Council
4A. (1) The Council shall—
(a) in consultation with the Minister, issue directives of general application, including classification guidelines, in accordance with matters of
national policy consistent with the purpose of this Act
(b) determine and issue a Code of Conduct for members of the Council;
(c) in consultation with the Minister, appoint the chief executive officer;
(d) in consultation with the Minister, determine the qualifications,
experience and terms and conditions of employment of classifiers;
(e) appoint such number of classifiers that comply with the determinations contemplated in paragraph (d), as may be required, having regard
to the likely volume of applications and submissions that will be made
in terms of this Act;
(f) at least four times a year, review and report to the Minister on the
functioning of the Board to ensure that the objects of this Act are
implemented efficiently and that the Board discharges its obligations
and responsibilities in accordance with this Act or any other law; and
(g) exercise and perform such other functions, powers and duties as are
conferred or imposed on the Council by or under this Act or any other
law.
(2) When making an appointment in terms of subsection (1)(e), the Council
shall—
(a) have regard to the person’s personal attributes, integrity, qualifications, knowledge and experience in the different aspects of matters
likely to come before the Board; and
(b) ensure broad representation of the South African community in terms
of race, ethnicity, gender and religion and may invite the public to
nominate candidates suitable for appointment as classifiers.
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