Defence Act, 2002 (Act No. 42 of 2002)RegulationsRegulations for the Reserve Force Council, 20162. Appointment of members of Council |
| (1) | The Reserve Force Council established by the Minister on 23 May 2003 continues to exist, and persons serving at the commencement of these Regulations continue to hold office in accordance with subregulation (2)(a) until new members have been appointed in terms of this regulation, unless they must vacate office in terms of regulation 4(1). |
(2)
| (a) | These Regulations, with the exclusion of regulation 3, apply to all persons contemplated in subregulation (1) while they continue to hold office under that provision. |
| (b) | The persons contemplated in subregulation (1) who meet the requirements of regulation 3 may be nominated and appointed as members of the Council in accordance with this regulation. |
| (3) | Before the appointment of new members of the Council, the Minister must, in writing, instruct the chairperson of the Council to invite the Constituents to nominate candidates to be considered for— |
| (a) | appointment to the Council; and |
| (b) | if the chairperson’s term of office has expired or is about to expire, designation as chairperson. |
| (4) | To give effect to the Minister’s instruction contemplated in subregulation (3), the chairperson of the Council must— |
| (a) | within 90 days of receipt of the Minister's instruction, invite the Constituents through the Association and all the Officers Commanding of Reserve Force structural components to nominate candidates contemplated in subregulation (3) in accordance with the Council’s constitution; and |
| (b) | receive the nominations contemplated in paragraph (a), together with a motivation in respect of each nominated candidate. |
| (5) | The chairperson of the Council must— |
| (a) | determine which nominated candidates qualify for appointment in terms of regulation 3; |
| (b) | list the qualified candidates to separately reflect the nominations made through the Association and the Officers Commanding; and |
| (c) | submit the lists contemplated in paragraph (b) to the Minister, together with the motivation in respect of each qualified candidate. |
| (6) | Upon receipt of the lists submitted in terms of subregulation (5)(c), the Minister must— |
| (a) | appoint 54% of the members of the Council from the qualified candidates nominated through the Officers Commanding Reserve Force structural components; |
| (b) | appoint 23% of the members of the Council from the qualified candidates nominated through the Association; |
| (c) | appoint 23% of the members of the Council from qualified candidates who are persons with knowledge and experience in defence and military matters and were either directly identified by the Minister or, alternatively, nominated through the Officers Commanding or the Association; and |
| (d) | when making the appointments, consider the needs for the Council to— |
| (i) | reflect broadly the racial composition of South Africa; |
| (ii) | have both male and female members; |
| (iii) | have members representative of the Services and Divisions of the Defence Force; and |
| (iv) | represent officers and non-commissioned officers. |
| (7) | The Minister must— |
| (a) | appoint the members of the Council to hold office for five years; and |
| (b) | 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. |