Defence Act, 2002 (Act No. 42 of 2002)Chapter 9 : Employment in Defence Force62C. Appointment of members of Commission and conditions of service |
| 1) | For the purposes of appointing the members of the Commission, the Minister must by notice in two national newspapers and in the Gazette invite interested persons to submit, within the period and in the manner mentioned in the notice, the names of persons fit to be appointed as members of the Commission. |
| 2) | The Minister must appoint five members of a nomination committee to make recommendations to the Minister for the appointment of the members of the Commission. |
| 3) |
| a) | In establishing a nomination committee, the Minister must ensure that the committee is broadly representative of the South African population and that both males and females are represented. |
| b) | The members of the nomination committee must have sufficient knowledge and experience that would enable them to exercise a sound and objective discretion in making recommendations to the Minister. |
| 4) | The nomination committee must, in making a recommendation to the Minister, consider- |
| a) | the proven skills, knowledge and experience of a candidate in matters relevant to the functioning of the Commission; and |
| b) | generally, whether the persons nominated represent a sufficient spread of qualifications, expertise and experience to ensure the efficient and effective functioning of the Commission. |
| 5) | The nomination committee must submit to the Minister a list of suitable candidates at least one and a half times the number of members of the Commission to be appointed. |
| 6) | If a suitable person or the required number of suitable persons is not recommended, the Minister must call for further nominations in the manner set out in subsection (1). |
| 7) |
| a) | The Minister must appoint members of the Commission from the list of candidates submitted in terms of subsection (5). |
| b) | The Minister must, within 30 days after appointing the members, by notice in the Gazette publish the names of the members so appointed and the date of commencement of their terms of office. |
| 8) | Any vacancy occurring in the Commission must be filled in the manner provided for in subsections (1) to (7). |
| 9) |
| a) | A member of the Commission— |
| i) | holds office for a period not exceeding five years; |
| ii) | may, at the discretion of the Minister and in the interest of continuity, be reappointed, but may not serve more than two terms consecutively; |
| iii) | is appointed according to the terms and conditions determined by the Minister; and |
| iv) | may be appointed either on a full-time or a part-time basis. |
| b) | A member of the Commission who is not in the full-time employ of the State must be paid from the budget of the Department such remuneration and allowances in respect of his or her services as the Minister may determine, acting in consultation with the Minister of Finance. |