Marketing of Agricultural Products Act, 1996 (Act No. 47 of 1996)4. Constitution of Council |
| (1) | The Council shall consist of ten members. |
| (2) | The members of the council shall be persons who have practical knowledge and experience of one or more of the following, namely— |
| (a) | the commercial production of agricultural products; |
| (b) | agricultural product-related trade and industry; |
| (c) | agricultural economics, including agricultural marketing and international agricultural trade; |
| (d) | consumer issues relating to agricultural products, including issues relating to previously disadvantaged communities; and |
| (e) | the production and marketing of agricultural products by small-scale and previously disadvantaged farmers. |
| (3) | The membership of the Council shall consist of two persons from each of the categories listed in subsection (2). |
| (4) | Whenever it is necessary to appoint a member of the Council— |
| (a) | the Minister shall, by notice in the Gazette as well as in the national news media, including at least two newspapers circulating throughout the Republic, call for the nomination of persons who comply with the criteria referred to in subsection (2); |
| (b) | the Minister shall establish a selection committee, consisting of not more than seven members appointed by the Minister, of whom two shall be the chairpersons of the parliamentary committees or their delegates; |
| (c) | the Minister shall refer all nominations received to such selection committee; |
| (d) | the selection committee shall compile a short-list of candidates in accordance with the provisions of subsections (2) and (3) and shall submit the short-list to the Secretary to Parliament for submission to the parliamentary committees; |
| (e) | the parliamentary committees shall, within 30 days after they have placed the consideration of the short-list on their agendas, jointly recommend to the Minister a list of not less than three candidates for each of the categories contemplated in subsection (2); and |
| (f) | the Minister shall appoint such number of members as is required from the list of candidates recommended by the parliamentary committees. |
| (5) | Until the parliamentary committees recommend candidates as contemplated in subsection (4)(e) the Minister may temporarily reappoint Council members whose terms of office have expired. |
| (6) | Any nomination contemplated in subsection (4), shall, in addition to any other relevant information that may be required, specify whether the nominee is available to serve on the Council in a full-time or part-time capacity. |
| (7) | The Minister shall appoint one of the members of the Council to the position of chairperson and another member as vice-chairperson. |
| (8) | When the first Council is constituted in terms of this Act, half of the members shall, subject to section 6, be appointed for a period of four years, and the other half for a period of two years, after which all appointments to the Council shall be for a period not exceeding four years. |
| (9) | Before the expiration of a member's term of office the procedure set out in subsection (4) shall be followed for the appointment of a successor. |
| (10) | A retiring member is eligible for re-appointment, but no member may serve as chairperson for consecutive terms which exceed eight years in total. |
| (11) | The chairperson, vice-chairperson and not more than three other members designated by the Minister may hold their offices in a full-time capacity. |
| (12) | A member of the Council shall be paid such remuneration and allowances as may be determined by the Minister in consultation with the Minister of Finance. |