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Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)

Schedules

Schedule 3A : Domestic Prominent Influential Person

 

A domestic prominent influential person is an individual who holds, including in an acting position for a period exceeding six months, or has held at any time in the preceding 12 months, in the Republic—

(a) a prominent public function including that of—
(i) the President or Deputy President;
(ii) a government minister or deputy minister;
(iii) the Premier of a province;
(iv) a member of the Executive Council of a province;
(v) an executive mayor of a municipality elected in terms of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);
(vi) a leader of a political party registered in terms of the Electoral Commission Act, 1996 (Act No. 51 of 1996);
(vii) a member of a royal family or senior traditional leader as defined in the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003);
(viii) the head, accounting officer or chief financial officer of a national or provincial department or government component, as defined in section 1 of the Public Service Act, 1994 (Proclamation No. 103 of 1994);
(ix) the municipal manager of a municipality appointed in terms of section 54A of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), or a chief financial officer designated in terms of section 80(2) of the Municipal Finance Management Act, 2003 (Act No. 56 of 2003);
(x) the chairperson of the controlling body, the chief executive officer, or a natural person who is the accounting authority, the chief financial officer or the chief investment officer of a public entity listed in Schedule 2 or 3 to the Public Finance Management Act, 1999 (Act No. 1 of 1999);
(xi) the chairperson of the controlling body, chief executive officer, chief financial officer or chief investment officer of a municipal entity as defined in section 1 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);
(xii) a constitutional court judge or any other judge as defined in section 1 of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001);
(xiii) an ambassador or high commissioner or other senior representative of a foreign government based in the Republic; or
(xiv) an officer of the South African National Defence Force above the rank of major-general;

(b)        the position of—

(i)        chairperson of the board of directors;

(ii)        chairperson of the audit committee;

(iii)        executive officer; or

(iv)        chief financial officer,

of a company, as defined in the Companies Act, 2008 (Act No. 71 of 2008), if the company provides goods or services to an organ of state and the annual transactional value of the goods or services or both exceeds an amount determined by the Minister by notice in the Gazette; or

(c) the position of head, or other executive directly accountable to that head, of an international organisation based in the Republic.

 

[Schedule 3A inserted by section 59 of the Financial Intelligence Centre Amendment Act, 2017 (Act No. 1 of 2017)]