Pension Funds Act, 1956 (Act No. 24 of 1956)Chapter VA : Consideration and Adjudication of Complaints30C. Appointment of Adjudicator |
| (1) | The Minister shall appoint— |
| (a) | a person to the office of Adjudicator; |
| (b) | one or more persons to the office of Deputy Adjudicator; and |
| (c) | when deemed necessary, an Acting Adjudicator. |
| (2) | No person shall be appointed as Adjudicator, Deputy Adjudicator or Acting Adjudicator unless he or she is qualified to be admitted to practise as an advocate under the Admission of Advocates Act, 1964 (Act No. 74 of 1964), or as an attorney under the Attorneys Act 1979 (Act No. 53 of 1979), and — |
| (a) | for an uninterrupted period of at least 10 years practised as an advocate or an attorney; or |
| (b) | for an uninterrupted period of at least 10 years was involved in the tuition of law and also practised as an advocate or attorney for such period as renders him or her suitable for appointment as Adjudicator, Deputy Adjudicator or Acting Adjudicator; or |
| (c) | possesses such other experience as renders him or her suitable for appointment as Adjudicator, Deputy Adjudicator or Acting Adjudicator. |
| (3) | The Adjudicator and Deputy Adjudicator shall be appointed by the Minister for a period of no more than three years and may be reappointed on expiry of his or her term of office. |
| (4) | The Adjudicator and Deputy Adjudicator may at any time resign as Adjudicator or Deputy Adjudicator by tendering his or her resignation in writing to the Minister: Provided that the resignation shall be addressed to the Minister at least three calendar months prior to the date on which the Adjudicator or Deputy Adjudicator wishes to vacate his or her office, unless the Minister allows a shorter period. |
| (5) | The Minister may remove the Adjudicator or Deputy Adjudicator from office on the grounds of misbehaviour, incapacity or incompetence, after consultation with the Financial Services Board. |
| (6) |
| (a) | In the event of the resignation, removal or expiry of the term of office of the Adjudicator and subject to subsection (1), the Minister may appoint an Acting Adjudicator to act as Adjudicator until a competent person is appointed in terms of subsection (1). |
| (b) | An Acting Adjudicator has all the powers and must perform all the duties of the Adjudicator. |