| (1) |
Whenever it is necessary to appoint a person as a member of the Board, the Minister must- |
| (a) |
through advertisements in the media circulating nationally and in each of the provinces, invite persons who comply with section 7 to apply within a specified period for appointment as a member; and |
| (b) |
establish a selection panel consisting of- |
| (i) |
the President of the Constitutional Court or another member of that Court designated by the President of that Court, who must also be the convenor of the panel; |
| (ii) |
a judge designated by the Chief Justice; |
| (iii) |
one member of the Commission for Gender Equality, established by the Constitution, designated by that Commission; |
| (iv) |
two persons with specific knowledge of boundary demarcation of whom one must be designated by the Minister in consultation with the MECs for local government and the other person by SALGA; and |
| (v) |
the Chairperson of the Select Committee of the National Council of Provinces responsible for local government matters. |
| (2) |
For the purposes of any subsequent establishment of a selection panel, a person designated in terms of subsection (1) (b) remains designated until replaced. |
| (3) |
The selection panel may determine its own procedure including its decision-making procedure, but must act in a transparent and open way. |
| (4) |
The selection panel must consider all applications and from amongst the applicants compile a list of nominees taking into account sections 6 (3) and 7. |
| (5) |
The list referred to in subsection (4) must be submitted to the Minister and must consist of- |
| (a) |
three more names than the number of appointments that must be made, if six or more appointments must be made; or |
| (b) |
two more names than the number of appointments that must be made, if fewer than six appointments must be made. |
[Sub-section (5) amended by section 7 of Act 51 of 2002.]
| (6) |
If the selection panel is unable to compile a list consisting of the required number of nominees, the procedure set out in subsections (1) (a), (4) and (5) must be repeated, except that applicants who applied in the first round- |
| (a) |
need not reapply; and |
| (b) |
must be considered when the list is compiled in the second round. |
| (7) |
The President must make the required number of appointments from the list. |
[Date of commencement of section 8 is 3 July 1998.]
Special Investigating Units and Special Tribunals Act, 1996
