26   No. 42866 GOVERNMENT GAZETTE, 28 NOVEMBER 2019 Act No. 8 of 2019 Critical Infrastructure Protection Act, 2019 26 (4) The National Commissioner must designate a police official who is a member of a committee or working group, as chairperson thereof. (5) A committee is accountable to the National Commissioner. (6) The advice or assistance contemplated in subsection (1) does not bind the National 5 Commissioner or absolve him or her from his or her responsibility under this Act. (7) A member of a committee is disqualified from being appointed or continuing to serve as a member of the committee, if he or she— (a) has, in the preceding 20 years, been sentenced in the Republic or elsewhere, to imprisonment without the option of a fine; (b) does not have a valid security clearance certificate issued to him or her by the 10 State Security Agency; (c) is an unrehabilitated insolvent; (d) is not a South African citizen; or (e) is by virtue of any other law disqualified from being appointed. Exemption of certain persons 15 13. (1) The restrictions on entry contemplated in section 25(2) do not apply in respect of a member of the security services established in terms of section 199 of the Constitution, who is required in the performance of his or her functions and the carrying out of his or her duties, to enter any critical infrastructure. (2) Section 25(2) must not be interpreted so as to restrict powers of entry assigned by 20 law on any functionary in the employ of an organ of state. (3) Any member or functionary referred to in subsections (1) or (2) must produce proof of his or her appointment and identity to the satisfaction of the person in control of the critical infrastructure or an appointed security manager. Delegation of powers 14. (1) The Minister may, by notice in the Gazette, delegate any of his or her powers under this Act to the National Commissioner, except— (a) the power conferred on the Minister by sections 11, 22, 23 and 27; and (b) the duty imposed on the Minister by sections 4, 14(2), 15 and 20. (2) The Minister must regularly review and, if necessary, amend or withdraw a delegation under subsection (1). (3) A delegation to the National Commissioner under subsection (1)— (a) is subject to such limitation and conditions as the Minister may impose; (b) may authorise the National Commissioner to sub-delegate, in writing, the power or duty to another police official of a rank not less than that of level 13; (c) does not prevent the exercise of that power or the performance of that duty by the Minister; and (d) does not divest the Minister of the responsibility concerning the exercise of the delegated power. (4) The Minister may confirm, vary or revoke any decision taken by a police official as a result of a delegation or sub-delegation under this section, subject to any rights that may have become vested as a consequence of that decision. (5) The National Commissioner may, in writing, delegate any function conferred upon him or her by this Act to any police official of a rank not less than that of level 13. (6) A delegation in terms of subsection (5)— (a) is subject to such limitation and conditions as the National Commissioner may impose; (b) does not prevent the exercise of that power or the performance of that duty by the National Commissioner; and This gazette is also available free online at www.gpwonline.co.za 25 30 35 40 45