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Critical Infrastructure Protection Act, 2019 (Act No. 8 of 2019)


Interim Critical Infrastructure Protection Regulations, 2022

3. Ordinary meetings of Critical Infrastructure Council


(1) The Chairperson of the Critical Infrastructure Council must, in order to comply with section 8( 1) of the Act, ensure that the Council meets quarterly by notifying each member appointed in terms of section 4 of the Act in writing no less than O days before the date of such meeting.


(2) The notification referred to in subregulation (1) must include the venue, date and time of such meeting and must be accompanied by the minutes of the previous preceding meeting of the Council, as well as an agenda of the business to be considered at such meeting.


(3) At each meeting of the Council the venue, date  and time for  the subsequent meeting may be determined by consent, failing which the Chairperson may determine such a venue, date and time after consultation with the members.


(4) A copy of any—
(a) application  for  declaration  of  infrastructure  as  critical  infrastructure referred to in section 7(1)(a) of the Act;
(b) request referred to in section 17(5) of the Act to dispense with publication in terms of section 17(4)(a) of the Act;
(c) proposed policies, protocols or standards referred to in section 7(1)(b) of the Act; or
(d) assignment of functions by the Minister referred to in section 7(1)(c) of the Act,

that will be discussed during an ordinary meeting of the Council, must accompany the notification referred to in subregulation (1).


(5) The Chairperson must ensure that the documents referred to in subregulation (4) are adequately sealed or, in the case of electronic documents, protected by means of a unique password in order to protect the confidentiality thereof.


(6) The Council determines its own rules of debate subject to subregulations (8) to (17).


(7) Seven members of the Council, which must include the chairperson or deputy chairperson, will constitute a quorum at any meeting of the Council as provided for in section 8(5) of the Act.


(8) The first act of an ordinary meeting, after being constituted, is to read and confirm by the signature of the Chairperson the minutes of the last preceding ordinary meeting and of any special meeting subsequently held. The meeting may consider the minutes as read, provided that objections or proposed amendments to the minutes of the last preceding ordinary or special meeting are raised and decided upon before confirmation of the minutes.


(9) The meeting must deal with the business of which notice has been given and any other business which a majority of the total membership of the Council agrees to consider.


(10) Every motion must be seconded and must, if the chairperson requires this, be in writing and a motion that is not seconded falls away.


(11) Except where the Act requires a different procedure, and where consensus cannot be reached, each question must be decided by the majority of votes of the members present and voting and unless the meeting decides otherwise, voting must be by show of hands.


(12) Should the majority of members present abstain from voting, the matter to be decided on must be deferred to the next meeting.


(13) The Chairperson may, in the case of any procedural matter or any matter not contemplated in section 7(1) of the Act, refer such matter by letter or electronic means for consideration by members of the Council.


(14) When a majority of the members of the Council reaches agreement on a matter referred to in subregulation (13) without convening a meeting, such resolution is equivalent to a resolution of the Council and must be recorded in the minutes of the subsequent ordinary meeting.


(15) The views of a member of the Council who is unable to attend a meeting may be submitted to the meeting in writing for consideration but may not count as a vote of such member.


(16) The number of members voting for or against a motion, as well as the number of members abstaining from voting, must be recorded in the minutes, and at the request of any member the Chairperson must direct that the vote of such member be likewise recorded.


(17) The ruling of the Chairperson on any question of order or procedure is binding unless immediately challenged by a member, in which event such ruling must be submitted for discussion to the meeting whose decision is final.


(18) The Council may, on an ad hoe basis, invite persons or entities who are not members but with a direct interest in a matter before the  Council, to attend meetings and allow them to take part in discussions on the matters in which such a person has an interest, provided that they are not allowed to vote.


(19) The Chairperson may direct that an ordinary meeting of the Council be conducted on an electronic virtual platform.