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Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)

13C. Appointment of Commissioner and Acting Commissioner



(a) The Minister must appoint a person with suitable qualifications and experience to be the Commissioner for a term of not more than five years.
(b) When appointing the Commissioner, the Minister must consult the relevant Portfolio Committee of the National Assembly and the relevant Select Committee of the National Council of Provinces.


(2) The Minister may re-appoint a person as Commissioner at the expiry of that person's term of office for one additional term of office.


(3) The Commissioner, who is the Chief Executive Officer of the Commission, is responsible for the general administration of the Commission and for carrying out any functions assigned to it in terms of this Act, and must—
(a) perform the functions that are conferred on the Commissioner by or in terms of this Act;
(b) manage and direct the activities of the Commission; and
(c) supervise the Commission's staff.


(4) The Minister must, in consultation with the Minister of Finance, determine the Commissioner's remuneration, allowances, benefits and other terms and conditions of employment.


(5) The Commissioner may, on three months' written notice addressed to the Minister, resign as Commissioner.


(6) The Minister may remove the Commissioner from office on account of—
(a) serious misconduct;
(b) permanent incapacity;
(c) engaging in any activity that may undermine the integrity or standing of the Commission; or
(d) any other legitimate ground that justifies the removal of the Commissioner.


(7) If the Commissioner and the Deputy Commissioner are for any reason at the same time unable to perform their functions assigned to them in terms of this Act, the Minister may, on such conditions as the Minister may determine, appoint a suitable person as Acting Commissioner to perform the functions of the Commissioner.


[Section 13C inserted by section 8 of Act No. 46 of 2013]