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Financial Sector Regulation Act, 2017 (Act No. 9 of 2017)

Chapter 4 : Financial Sector Conduct Authority

Part 2 : Governance

61. Commissioner and Deputy Commissioners

 

(1) The Minister must appoint a person who is fit and proper and has appropriate expertise in the financial sector as the Commissioner of the Financial Sector Conduct Authority.

 

(2) The Minister must appoint at least two, but no more than four, persons who have appropriate expertise in the financial sector as Deputy Commissioners.

 

(3) The Commissioner and Deputy Commissioners serve in a full-time executive capacity.

 

(4) A process for the selection of persons for appointment as Commissioner or Deputy Commissioner must be prescribed by Regulation.

 

(5)

(a) The Commissioner may designate a Deputy Commissioner to act as Commissioner when the Commissioner is absent from office.
(b) If the Commissioner is unable to designate an acting Commissioner in terms of paragraph (a), or if the office of Commissioner is vacant, the Minister may designate a Deputy Commissioner to act as Commissioner during the Commissioner’s absence or pending the appointment of a Commissioner.

 

(6) A person may not be appointed or hold office as Commissioner or Deputy Commissioner if the person—
(a) is a disqualified person; or
(b) is not ordinarily resident in the Republic.

 

(7) When appointing the Commissioner or Deputy Commissioner, the Minister and the person appointed must agree, in writing, on—
(a) the performance measures that must be used to assess the person’s performance; and
(b) the level of performance to be achieved against those performance measures.