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Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000)

Chapter III : Committees

17A. Establishment of Complaints and Compliance Committee

 

 

(1) The Authority must establish a Complaints and Compliance Committee which consists of not more than seven members appointed for a three-year term of office which is renewable for one additional term only,one of whom must be a councillor.

[Subsection (1) amended by section 22(a) of Act No. 2 of 2014]

 

(1A) The Authority must appoint one of the members contemplated in subsection (1) as chairperson of the Complaints and Compliance Committee.

[Subsection (1A) inserted by section 22(b) of Act No. 2 of 2014]

 

(2)        The chairperson of the Complaints and Compliance Committee must be—

(a)        a judge of the High Court of South Africa, whether in active service or not;

(b)        an advocate or attorney with at least 10 years’ appropriate experience; or

(c)        a magistrate with at least 10 years’ appropriate experience, whether in active service or not.

 

(3)        The chairperson of the Complaints and Compliance Committee must—

(a)        manage the work of the Complaints and Compliance Committee; and

(b)        preside at hearings of the Complaints and Compliance Committee.

 

(4)        A member of the Complaints and Compliance Committee must be a fit and proper person and must—

(a) have suitable qualifications and experience in communications, economics, electronic engineering, broadcasting, law, commerce, technology or public policy;
(b) be committed to the functions and work of the Complaints and Compliance Committee and the objects of this Act and the underlying statutes and must not act or behave in a manner that undermines those functions, work or objects;

[Paragraph (4)(b) amended by section 22(c) of Act No. 2 of 2014]

(c) not be an office-bearer or an employee of any party, movement or organisation of a party-political nature;
(d) not be an unrehabilitated insolvent;
(e) not be mentally ill or disordered;
(f) not have been convicted of an offence after the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993) and sentenced to imprisonment without the option of a fine; and
(g) not be subject to any disqualification contemplated in section 6 and be subject to the provisions of section 12.

 

 

[Section 17A inserted by section 19 of Act No. 3 of 2006]