Protection of Personal Information Act, 2013 (Act No. 4 of 2013)Chapter 5 : SupervisionPart A : Information Regulator50. Establishment of Enforcement Committees |
(1) | The Regulator must establish an Enforcement Committee which must consist of— |
(a) | at least one member of the Regulator; and |
(b) | such other persons appointed by the Regulator, as referred to in section 47(7), for the period determined by the Regulator. |
(2) | The Regulator must— |
(a) | in consultation with the Chief Justice and Minister, appoint a— |
(i) | judge of the High Court of South Africa, whether in active service or not; or |
(ii) | magistrate with at least 10 years’ appropriate experience, whether in active service or not; or |
(b) | appoint an advocate or attorney with at least 10 years’ appropriate experience, as Chairperson of the Enforcement Committee. |
(3) | The Chairperson of the Enforcement Committee must manage the work of and preside at hearings of the Enforcement Committee. |
(4)
(a) | A member referred to in subsection (1)(a) may not participate in any proceedings of the Regulator in terms of which a decision is taken with regard to a recommendation by the Enforcement Committee as referred to in section 93. |
(b) | A person referred to in subsection (1)(b) must be a fit and proper person and must comply with the criteria, referred to in section 41(1)(g), for appointment as a member of the Regulator. |