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

13I. Specialist committees


(1) The Minister may appoint one or more specialist committees to advise the Commission on the management of its resources or the performance of its functions.


(2) The Minister may assign specific powers to the members of a specialist committee for the purposes of performing any function contemplated in subsection (1).


(3) A specialist committee may—
(a) be established for an indefinite term or for a period determined by the Minister when the committee is established; and
(b) determine its own procedures.


(4) A specialist committee established under this section must—
(a) perform its functions impartially and without fear, favour or prejudice; and
(b) consist of—
(i) not more than eight persons who are independent from the Commission and are appointed by the Minister for a term of not more than five years; and
(ii) not more than two senior employees of the Commission designated by the Commissioner.


(5) A member of a specialist committee must—
(a) be a fit and proper person;
(b) have appropriate expertise or experience; and
(c) have the ability to perform effectively as a member of the committee.


(6) Members of a specialist committee must not—
(a) act in any way that is inconsistent with subsection (4)(a);
(b) expose themselves to any situation in which the risk of a conflict may arise between their responsibilities and any personal financial interest; or
(c) use their position or any information entrusted to them to enrich themselves or improperly benefit any other person.


(7) A member of a specialist committee ceases to be a member if—
(a) the member resigns from the committee.
(b) the Minister terminates the person's membership because the member no longer complies with subsection (5) or has contravened subsection (6); or
(c) the member's term of office has expired.


(8) A member of a specialist committee who has any personal or financial interest in any matter on which the committee gives advice, must disclose that interest and withdrawn from the proceedings of the specialist committee when that matter is discussed.


(9) The commission must remunerate and compensate—
(a) a member contemplated in subsection (4)(b)(i) for expenses incurred to the extent determined by the Minister; and
(b) a member contemplated in subsection (4)(b)(ii) for expenses incurred to the extent that the member's remuneration and allowances as an employee of the Commission does not extend to that person's services as a member of the specialist committee.


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