| (1) | An Advisory Committee is hereby established in every province to shortlist, interview and recommend fit and proper applicants for a vacancy in the office of sheriff in the province in question to the Minister. |
| (2) | An Advisory Committee contemplated in subregulation (1) comprises— |
| (a) | a chairperson who shall be an appropriately experienced magistrate appointed by the Minister for a period determined by him or her, after consultation with the Magistrates Commission: Provided that the Minister may, at any time, remove a chairperson from office— |
| (i) | on his or her written request; or |
| (ii) | if in the opinion of the Minister there are sound reasons for doing so; |
| (b) | the person who occupies the post in the Department of Justice and Constitutional Development of regional head of the province or region in question or, if he or she is absent or for any reason unable to perform his or her duties, a fit and proper person designated by him or her; |
| (c) | the magistrate who heads the court where the vacancy occurs or will occur, or his or her nominee: Provided that if that magistrate is also the chairperson of the Advisory Committee in question, he or she shall nominate another appropriately experienced magistrate of that court as a member of that Advisory Committee; |
| (d) | one attorney, or his or her alternate, in private practice, nominated by the law society in whose area of jurisdiction the vacancy occurs or will occur for a period determined by the law society concerned; and |
| (e) | one sheriff who is not a member of the Board, or his or her alternate, nominated by the Board for a period determined by the Board, after receiving nominations from any association or professional body recognised by the Board and which represents sheriffs. |
| (3) | The nomination of a person to an Advisory Committee shall, where feasible, be based on the principle of equitable demographic representation and inclusiveness in respect of race, gender, disability or any other constitutionally recognised ground. |
| (4) | At the first meeting of an Advisory Committee, a member of that Advisory Committee shall be elected as deputy chairperson of the Advisory Committee in question. |
| (5) | Three members of an Advisory Committee shall constitute a quorum. |
| (6) | A decision supported by the majority of members present at a meeting of an Advisory Committee constitutes a binding decision of that Advisory Committee. |
| (7) | In the case of an equality of votes, the chairperson of an Advisory Committee has a casting vote. |
| (8) | The deputy chairperson of an Advisory committee acts as chairperson of that Advisory Committee if— |
| (a) | the chairperson of the Advisory Committee in question is absent or, for any reason, is unable to perform his or her duties as chairperson; or |
| (b) | the office of chairperson of the Advisory Committee in question is vacant, |
and while he or she so acts he or she has all the powers and shall perform all the duties of the chairperson.
| (9) | If both the chairperson and deputy chairperson of an Advisory Committee are absent or, for any reason, are unable to preside at a meeting of that Advisory Committee, the members present shall elect another member to act as chairperson at that meeting and while he or she so acts he or she has all the powers and shall perform all the duties of the chairperson. |
[Regulation 2C substituted by regulation 7 of Notice No. R. 742 dated 14 September 2011]
