14 No. 42866
GOVERNMENT GAZETTE, 28 NOVEMBER 2019
Act No. 8 of 2019
Critical Infrastructure Protection Act, 2019
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(b) members referred to in subsection (2)(c) in terms of subsection (8); and
(c) persons referred to in subsection (4)(b) on advice of the Council.
(6) In the event that it is necessary to appoint a member referred to in subsection 2(c),
the Minister must request the National Assembly to submit a list of candidates for
appointment.
(7) The Speaker must refer the matter to the relevant committee of the National
Assembly to—
(a) publish a notice in the Gazette and in at least two national newspapers
circulating in the Republic, inviting applications from interested persons and
members of the public to nominate persons;
(b) compile a shortlist of not less than 20 persons who are not disqualified in
terms of section 5(a), (c), (d), (e), (f) or (g), from the applications and
nominations referred to in paragraph (a) or persons serving on the Council
who qualify for a further appointment in terms of subsection (10) ;
(c) submit the list referred to in paragraph (b) to the State Security Agency for
consideration and issuing of a top secret security clearance;
(d) conduct interviews with the persons referred to in paragraph (b) who are not
disqualified in terms of section 5(b) for purposes of compiling a list of 10
recommended candidates in order of preference;
(e) submit the list of names referred to in paragraph (d) to the National Assembly
for approval; and
(f) submit the approved list of names contemplated in paragraph (e) together with
their résumés to the Minister.
(8) The Minister must appoint five members to the Council from the list referred to in
subsection (7)(f) and publish the names of the members in the Gazette.
(9) Subject to subsection (12), a member of the Council appointed in terms of
subsection (8) holds office for a period not exceeding five years.
(10) Upon the expiry of an appointed member’s first term of office as contemplated in
subsection (9), the member may be re-appointed for one further term only.
(11) The Secretary for the Police Service is the Chairperson of the Council and the
Minister must designate, from the persons contemplated in subsection (2)(c), a member
as deputy chairperson.
(12) A member of the Council appointed in terms of subsection (8) must vacate office
if that member—
(a) resigns by giving at least 30 days written notice addressed to the Minister; or
(b) is removed from office by the Minister as contemplated in subsection (14).
(13) If a member of the Council appointed in terms of subsection (8) resigns or
vacates office before the expiry of his or her period of office, the Minister must request
the NationalAssembly to follow the procedure in subsection (7): Provided that the
Minister may appoint a new member from the list contemplated in subsection (7)(d)
where candidates on that list are still available for appointment.
(14) The Minister may, after due process by the National Assembly, remove a member
of the Council appointed in terms of subsection (8) from office on account of—
(a) absence from three consecutive meetings without good cause;
(b) misconduct, incapacity or incompetence;
(c) becoming disqualified as contemplated in section 5; or
(d) any other lawful reason.
(15) The Minister may suspend a member where there are reasonable grounds to do
so, until the process contemplated in subsection (14) is finalised.
(16) The Minister may request the Cabinet member responsible for an institution
which is represented on the Council, as contemplated in subsection (2)(b), to nominate
another representative for appointment to substitute the institution’s representative in
the Council.
This gazette is also available free online at www.gpwonline.co.za
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