Public Service Commission Act, 1997
R 385
Financial Sector Regulation Act, 2017 (Act No. 9 of 2017)Chapter 4 : Financial Sector Conduct AuthorityPart 2 : Governance65. Removal from office |
| (1) | The Minister must, subject to due process, remove the Commissioner from office if the Commissioner becomes a disqualified person. |
| (2) | The Commissioner must, subject to due process and with the concurrence of the Minister, remove a Deputy Commissioner from office if the Deputy Commissioner becomes a disqualified person. |
| (3) | The Minister may remove the Commissioner from office if an independent inquiry established by the Minister has found that the Commissioner— |
| (a) | is unable to perform the duties of office for health or other reasons; |
| (b) | has failed in a material way to achieve the level of performance against the performance measures agreed to in terms of section 61(7); |
| (c) | has failed in a material way to discharge any of the responsibilities of office, including any responsibilities entrusted in terms of legislation; or |
| (d) | has acted in a way that is inconsistent with continuing to hold the office. |
| (4) | If an independent inquiry has been established in terms of subsection (3), the Minister may suspend the Commissioner from office pending a decision on that person’s removal from office. |
| (5) | The Commissioner may, with the concurrence of the Minister, remove a Deputy Commissioner from office if an independent inquiry established by the Commissioner, with the concurrence of the Minister, has found that the Deputy Commissioner— |
| (a) | is unable to perform the duties of office for health or other reasons; |
| (b) | has failed in a material way to achieve the level of performance against the performance measures agreed to in terms of section 61(7); |
| (c) | has failed in a material way to discharge any of the responsibilities of office, including any responsibilities entrusted in terms of legislation; or |
| (d) | has acted in a way that is inconsistent with continuing to hold the office. |
| (6) | If an independent inquiry has been established in terms of subsection (5), the Commissioner may suspend the Deputy Commissioner from office pending a decision on that person’s removal from office. |
| (7) | Without limiting subsection (3)(c) or (5)(c), the Commissioner or a Deputy Commissioner, as the case may be, must be taken to have failed in a material way to discharge the responsibilities of office if he or she is absent from two consecutive meetings of the Executive Committee without the leave of the Executive Committee. |
| (8) | If the Commissioner or a Deputy Commissioner is removed from office in terms of this section, the Minister must, within 30 days, submit the report and findings of the independent inquiry to the National Assembly. |
