Protection of Businesses Act, 1978
R 385
National Small Business Act, 1996 (Act No. 102 of 1996)Chapter 3A: Dispute Resolution Mechanism17F. Appointment of Ombud and deputy Ombud |
| (1) | The Minister must within 90 days of a vacancy, following a transparent nomination process and a shortlisting by the National Assembly, appoint, as Ombud, a person— |
| (a) | with legal training and appropriate experience and who possesses knowledge of small enterprises, trade, industry, finance or the economy; and |
| (b) | resident or ordinarily resident in South Africa. |
| (2) | The person contemplated in subsection (1) is appointed for a term of five years which may be renewed for one more term. |
| (3) | The Minister may within 90 days of a vacancy appoint as deputy Ombud, one or more persons— |
| (a) | with legal training and appropriate experience and who possess knowledge of small enterprise, trade, industry, finance, or the economy; and |
| (b) | resident or ordinarily resident in South Africa. |
| (4) | The person contemplated in subsection (3) is appointed for a term of five years which may be renewed for one more term. |
| (5) | The remuneration and other terms of appointment of the Ombud and a deputy Ombud must be determined by the Minister, in consultation with the Minister of Finance. |
| (6) | The Ombud or deputy Ombud may resign by submitting a written notice to the Minister at least three calendar months prior to the intended date of vacation of office, unless the Minister allows a shorter period. |
| (7) | The Minister may, on good cause shown, remove the Ombud or deputy Ombud from office on the ground of misconduct, incapacity or incompetence or acts contrary to the purpose and principles of this Act, after affording the person concerned a reasonable opportunity to be heard. |
| (8) | The Minister must make the appointments in such a manner that the terms of appointment of the Ombud and deputy Ombud overlap by six months. |
Section 17F inserted by section 5 of the National Small Enterprise Amendment Act, 2024 (Act No. 21 of 2024), GG50965, Notice No. 5049, dated 23 July 2024]
