Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No. 71 of 1988)2. Business Practices Committee |
| 1) | There is hereby established a committee to be known as the Consumer Affairs Committee. |
| 2) |
| a) | The committee shall consist of nine members appointed by the Minister on the grounds of having special knowledge or experience of consumer advocacy, economics, industry, commerce or law, taking into account the need to ensure equitable representation.The Minister shall designate one as chairperson and one as vice-chairperson. |
| aA) | The chairperson shall be a person with suitable experience in consumer law. |
| aB) | In order to assist and to ensure effective co-operation between the committee and a competent authority, the head of consumer affairs in every provincial sphere of government shall be invited to, and may, participate in all meetings of the committee but shall not have the right to vote at such meetings. |
| b) | The Minister shall determine whether a member of the committee shall be a full-time or a part-time member. |
| 3) | When for any reason the chairperson is not able to perform his functions or is not available, or when there is a vacancy in the office of the chairperson, the vice-chairperson shall act as chairperson. |
| 4) | The Minister may, if he sees fit, appoint, on such conditions and for such period as he may determine, a person as an additional member of the committee for a particular purpose. |
| 5) | A member of the committee-- |
| a) | shall hold office for such period, but not exceeding five years, and on such conditions as the Minister may determine at the time of his appointment; |
| b) | who is not in the full-time service of the State, shall in connection with the activities of the committee be paid such remuneration and allowances as the Minister may determine with the concurrence of the Minister of Finance; |
| c) | shall vacate his office if he resigns as a member or if the Minister at any time terminates his period of office as a member if in the opinion of the Minister there are sound reasons for doing so; |
| d) | may be reappointed at the expiry of his period of office by effluxion of time. |
| 6) |
| a) | No full-time member of the committee shall without the consent of the Minister perform work for anybody else for remuneration. |
| b) | Any person who contravenes paragraph (a) shall be guilty of an offence. |
| 7) |
| a) | The chairperson-- |
| i) | shall determine the times when and places at which the meetings of the committee shall be held; and |
| ii) | may determine that a meeting other than a meeting convened for purposes of investigations under section 5, takes place through any method of telecommunication. |
| b) | The person presiding at a meeting of the committee shall determine the procedure at the meeting. |
| c) | The decision of a majority of the members of the committee present at a meeting thereof shall constitute the decision of the committee. |
| d) | No proceedings of the committee shall be invalid by reason only of the fact that a vacancy existed in its membership or that a member was not present during the proceedings or any part thereof. |
| e) | The quorum for the meetings of the committee shall be-- |
| i) | the chairperson or vice-chairperson; and |
| ii) | four other members of the committee. |
| 8) | The administrative work arising from the performance of the committee's functions shall be performed by officers of the Department of Trade and Industry designated for that purpose by the Director-General: Trade and Industry. |