The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024)Chapter 4 : Establishment of InstitutionsPart B : Transport Economic Council47. Council members |
| (1) | The Council comprises of a chairperson, and no fewer than five and more than nine other members, each appointed by the Minister in accordance with the procedure set out in subsections (3) and (4). |
| (2) | Before making an appointment contemplated in subsection (1), the Minister, by notice in the Gazette, must call for nominations of persons who meet the requirements set out in subsection (5) to serve on the Council, from members of the public. |
| (3) | The Minister must forward the nominations received, to the relevant Portfolio Committee in the National Assembly, who must in a consensus seeking manner— |
| (a) | compile a short list of at least nine candidates; |
| (b) | interview, in a public and transparent manner, each of the candidates whose names appear on the shortlist; |
| (c) | consult with the relevant Select Committee in the National Council of Provinces; and |
| (d) | compile and forward to the Minister a final short list, provided that no final short list of more than 11 candidates is compiled. |
| (4) | The Minister, after consultation with the relevant Portfolio Committee, must appoint the members of the Council from the persons whose names appear on the final short list contemplated to in subsection (3)(d). |
| (5) | The members of the Council, when viewed collectively, must comprise sufficient suitably qualified persons with experience in law, economics, accounting and the transportation industry. |
| (6) | A person may not be appointed or continue to serve as a member of the Council if that person is subject to any disqualification that would apply to a member of the Board, as set out in section 31(2). |
| (7) | Each member of the Council serves on a full-time or part-time basis, as determined by the Minister, in accordance with subsection (8). |
| (8) | The Minister, having regard to the historical and reasonably anticipated workload of the Council— |
| (a) | must determine, at the time each member is appointed, whether that member is to be full-time or part-time; and |
| (b) | with the consent of a member at any time during the member’s term of office, may change that member from part-time to full-time. |
| (9) | Each member of the Council serves for a term of four years, subject to subsection (10). |
| (10) | When the first appointments are made to the Council, or at any time there is a complete simultaneous turnover in the membership of the Council, the terms of Council members must be varied, so that some of the members are appointed to serve for three years and the remainder for four years. |
| (11) | A member of the Council may be re-appointed to one further term, subject to subsection (6). |
| (12) | A member of the Council may resign by giving three months’ notice in writing to the Minister, but the Minister may permit a member to resign with shorter notice. |
| (13) | A member of the Council must inform the Minister in writing if that member, or a related or inter-related person acquires an interest that is, or is likely to become, an interest contemplated in section 31(2)(b). |
| (14) | The Minister— |
| (a) | must remove a member of the Council if the member ceases to qualify for that office in terms of subsection (6); and |
| (b) | may remove a member from office only for— |
| (i) | serious misconduct or dereliction of responsibilities; |
| (ii) | permanent incapacity; or |
| (iii) | contravening subsection (13) or section 49, or engaging in any other activity that may undermine the integrity of the Council. |
| (15) | If a member of the Council ceases to hold office before the end of the member’s term, the Minister, after following the process contemplated in subsection (2), may appoint another person to serve the remainder of the member’s term of office. |