| (1) |
The Council consists of a chairperson and eight other councillors appointed by the Minister upon the approval by the National Assembly, according to the following principles, namely— |
| (a) |
participation by the public in the nomination process; |
| (b) |
transparency and openness; and |
| (c) |
the publication of a shortlist of candidates for appointment, with due regard to subsection (3) and section 6. |
[Subsection (1) amended by section 7(a) of Act No. 3 of 2006]
(1A)
| (a) |
The National Assembly must submit to the Minister a list of suitable candidates at least one and a half times the number of councillors to be appointed. |
| (b) |
The National Assembly may invite technical experts to assist in the selection, evaluation and appointment process of councillors. |
| (c) |
The experts contemplated in paragraph (b) may include: |
| (i) |
a person with knowledge of and experience in the industry; |
| (ii) |
a person with a legal background, knowledge of the ICT sector and competition related matters; |
| (iii) |
an academic in the field of electronic communications; |
| (iv) |
a representative from the labour sector; and |
| (v) |
a representative of consumer interests. |
[Subsection (1A) inserted by section 7(b) of Act No. 3 of 2006]
(1B)
| (a) |
The Minister must recommend to the National Assembly, from the list contemplated in subsection (1A), persons whom he or she proposes to appoint to serve on the Council. |
| (b) |
If the National Assembly is not satisfied that the persons recommended for appointment by the Minister comply with subsection (3), the National Assembly may request the Minister to review his or her recommendation. |
| (c) |
Following approval by the National Assembly of the Minister’s recommendation for appointment the Minister must appoint the Chairperson or other councillor by notice in the Gazette. |
[Subsection (1B) inserted by section 7(b) of Act No. 3 of 2006]
| (2) |
In the absence of the chairperson, the remaining councillors must from their number elect an acting chairperson, who, while he or she acts, may perform all the functions of the chairperson. |
[Subsection (2) amended by section 6(a) of Act No. 2 of 2014]
| (3) |
Persons appointed to the Council must be persons who— |
| (a) |
are committed to fairness, freedom of expression, openness and accountability on the part of those entrusted with the governance of a public service; and |
| (b) |
when viewed collectively— |
| (i) |
are representative of a broad cross section of the population of the Republic; and |
| (ii) |
possess suitable qualifications, expertise and experience in the fields of, amongst others, broadcasting electronic communications and postal policy or operations, public policy development, electronic engineering, law, information technology, content in any form, consumer protection, education, economics, finance or any other relevant expertise or qualifications. |
[Subparagraph (3)(b)(ii) amended by section 6(b) of Act No. 2 of 2014]
| (4) |
A councillor appointed under this section must, before he or she begins to perform his or her functions, take an oath or affirm that he or she— |
| (a) |
is committed to fairness, freedom of expression, openness and accountability; and |
Housing Development Agency Act, 2008
