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Amendment of section 6A of Act 13 of 2000, as inserted by section 9 of Act 3 of 2006
7. Section 6A of the principal Act is hereby amended—
(a) by the substitution for subsection (1) of the following subsection:
‘‘(1) The Minister must, in consultation with the National Assembly,
establish a performance management system to monitor and evaluate the
performance of the chairperson [and other], councillors and the
Council, individually and collectively.’’.
(b) by the substitution in subsection (2) for paragraph (a) of the following
paragraph:
‘‘(a) set appropriate key performance indicators as a yardstick for
measuring performance, including, amongst others, the matters and
the time periods set out in sections 4(3A), 4B(2)(a), (7), (8) and (9),
4C(6), 7(7), 11A(3) and (4), 11B, 12(2) and 16(1) and (2);’’;
(c) by the deletion in subsection (2) of the word ‘‘and’’ at the end of paragraph (b),
the insertion of the expression ‘‘; and’’ after the word ‘‘year’’ in paragraph (c)
and the addition of the following paragraph:
‘‘(d) be reviewed at least once a year.’’; and
(d) by the substitution for subsections (3), (4) and (5) of the following
subsections, respectively:
‘‘(3) As soon as is practicable after the appointment of the chairperson
or any other councillor a performance agreement must be concluded
between the chairperson [or], other councillor, the Council and the
Minister.
(4) The evaluation of the performance of the chairperson [or], other
councillor and the Council must be conducted by a panel constituted by
the Minister, in consultation with the National Assembly, for that
purpose.
(5) The panel contemplated in subsection (4) must, after an evaluation
of the chairperson [or], other councillor and the Council, submit a report
to the National Assembly for consideration.’’.
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Amendment of section 7 of Act 13 of 2000, as amended by section 10 of Act 3 of 2006
8. Section 7 of the principal Act is hereby amended—
(a) by the substitution in subsection (1) for paragraph (b) of the following
paragraph:
‘‘(b) The chairperson may at the end of his or her term of office be
re-appointed in terms of section 5 for one additional term of five
years only.’’;
(b) by the substitution for subsections (4), (5) and (6) of the following
subsections, respectively:
‘‘(4) [Despite] Notwithstanding the provisions of subsections (1) and
(2), the [councillors remain] chairperson or a councillor remains in
office after expiry of [their] his or her term of office until the
commencement of the term of office of [their successors] his or her
successor, but the extended term of office may not exceed 45 days.
(5) A councillor may at the end of his or her term of office be
re-appointed in terms of section 5 for one additional term of four years
only.
(6) [Every] A councillor—
(a) serves in a full-time capacity to the exclusion of any other
remunerative employment, occupation or office [which is likely
to—];
[a](b) must not interfere with the exercise by any [such] other
councillor of his or her functions in terms of this Act or the
underlying statutes; [or] and
[b](c) must not create a conflict of interests between [such employment, occupation or office] his or her other activities and his or
her office as councillor.’’; and
(c) by the addition of the following subsection:
‘‘(7) The provisions of subsection (6) do not apply to—
(a) a councillor who occupies office as a member of a public interest
organisation and performs concomitant tasks for which a honorarium is paid or payable;
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