| (i) |
a judge of a Supreme Court as defined in section 1 of the Superior Court Act, 2013 (Act No. 10 of 2013), as chairperson, designated by the President in consultation with the Chief Justice; |
[Section 3(1)(a)(i) substituted by section 22(a) of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]
| (ii) |
the Minister or his or her nominee, who must be an officer of the Department of Justice and Constitutional Development; |
[Section 3(1)(a)(ii) substituted by section 22(a) of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]
| (iii) |
two regional magistrates, one who is a head of a regional division, to be designated by the heads of the regional divisions and the other by the President after consultation with the respective regional magistrates; |
[Section 3(1)(a)(iii) substituted by section 22(a) of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]
| (iv) |
two magistrates with the rank of chief magistrate, one to be designated by the respective chief magistrates and the other by the President after consultation with the respective chief magistrates; |
| (v) |
two magistrates who do not hold the rank of regional magistrate or chief magistrate, one to be designated by the magistrates' profession and the other by the President after consultation with the magistrates' profession; |
| (vi) |
two practising advocates designated by the Minister after consultation with the advocates' profession; |
| (vii) |
two practising attorneys designated by the Minister after consultation with the attorneys' profession; |
| (viii) |
one teacher of law designated by the Minister after consultation with the teachers of law at South African universities; |
| (ix) |
any person designated by the Council of the South African Judicial Education Institute referred to in section 7 of the South African Judicial Education Institute Act, 2008 (Act No. 14 of 2008); |
[Section 3(1)(a)(ix) substituted by section 22(b) of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]
| (x) |
four persons designated by the National Assembly from among its members, at least two of whom must be members of opposition parties represented in the Assembly; |
| (xi) |
four permanent delegates to the National Council of Provinces and their alternates designated together by the Council with a supporting vote of at least six provinces; and |
[Section 3(1)(a)(xi) substituted by section 29(1) of Act No. No. 62 of 2000]
| (xii) |
five fit and proper persons appointed by the President in consultation with the Cabinet, at least two of whom shall not be involved in the administration of justice or the practice of law in the ordinary course of their business. |
| (b) |
The chairperson shall designate one of the persons referred to in paragraph (a) (iii) to (v), inclusive, as vice-chairperson of the Commission, and when the chairperson is not available, the vice-chairperson shall perform the functions assigned to the chairperson by or under this Act. |
[Section 3(1) substituted by section 1(a) of Act No. 35 of 1996]
| (2) |
A member of the Commission shall be appointed or designated for a period not exceeding five years, and any such appointment or designation may be withdrawn by the appointing or designating authority, as the case may be, at any time after consultation with the Commission if there are sound reasons for doing so. |
[Section 3(2) substituted by section 22(c) of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]
| (3) |
Any person whose period of office as a member of the Commission has expired, may be reappointed or redesignated. |
[Section 3(3) substituted by section 1(c) of Act No. 35 of 1996]
| (4) |
A vacancy in the Commission shall not affect the validity of the proceedings or decisions of the Commission. |
Housing Development Agency Act, 2008
