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Plant Breeders' Rights Act, 2018 (Act No. 12 of 2018)

Chapter 13 : Advisory Committee

46. Appointment of members of Advisory Committee and termination of membership

 

(1) The Minister may appoint as members of the Advisory Committee—
(a) two persons who are appropriate persons to represent breeders of new plant varieties;
(b) two persons who are appropriate persons to represent farmers;
(c) one person who is an appropriate person to represent the interests of consumers of new plant varieties or of the products of new plant varieties;
(d) one person to represent conservation interests in respect of new plant varieties and the potential impacts of new plant varieties on the environment;
(e) one person to represent indigenous interests in respect of new plant varieties and the source, use and impacts of new plant varieties; and
(f) one person with qualifications in respect, or experience in the relevant fields of law, including but not limited to Intellectual Property Law and Administrative Law.

 

(2) Whenever it is necessary to appoint a member of the Advisory Committee—
(a) the Minister must, by notice in any appropriate media, call for the nomination of persons who comply with the criteria contemplated in subsection (1);
(b) the Minister must establish a selection committee, consisting of not more than five members appointed by the Minister;
(c) the Minister must refer all nominations received to such selection committee;
(d) the selection committee must compile a short-list of candidates in accordance with the provisions of subsection (1);
(e) the selection committee must, within 30 days after the signing of the letters of appointment of its members, recommend to the Minister a list of not less than three candidates for each of the categories referred to in subsection (1); and
(f) the Minister must appoint such number of members as is required from the list of candidates recommended by the selection committee.

 

(3) A member of the of the Advisory Committee serves in a part-time capacity.

 

(4) A member of the Advisory Committee serves for a period not exceeding three years as specified in the letter of appointment and may be reappointed for one more term not exceeding three years.

 

(5) If, upon the expiration of the term of office of the members of the Advisory Committee, the Minister has not yet appointed new members to take their place, the existing members continue in office until new members have been appointed to replace them.

 

(6) The Minister may at any time terminate the appointment of a member of the Advisory Committee if that member is incapable of performing his or her functions or is found guilty of misconduct.

 

(7) If the appointment of a member of the Advisory Committee is terminated in terms of subsection (6), the Minister must give the person written notice informing him or her of the termination and must set out the reasons for the termination in the notice.

 

(8) A member of the Advisory Committee may resign by written notice to the Minister.

 

(9) The Registrar is a member of the Advisory Committee by virtue of his or her office.

 

(10) A member of the Advisory Committee must receive such subsistence and travelling allowances as may be prescribed by the Minister after consultation with the Minister of Finance.