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South African Police Service Act, 1995 (Act No. 68 of 1995)

Chapter 5B : Establishment, Administration and Maintenance of National Forensic DNA Database of South Africa

15V. Establishment and composition of National Forensic Oversight and Ethics Board

 

(1) A National Forensic Oversight and Ethics Board is hereby established.

 

(2) The Board must consist of not more than ten persons appointed by the Minister on a part-time basis for a period not exceeding five years of whom—
(a) five persons must be from outside the public sector with knowledge and experience in forensic science, human rights law or ethics relating to forensic science; and
(b) four persons must be from the public sector on the level of at least a Chief Director, namely—
(i) the Secretary of Police or his or her representative;
(ii) a representative of the Department of Health who has knowledge in the field of DNA;
(iii) a representative from the Department of Justice and Constitutional Development who has a sound knowledge of constitutional law; and
(iv) a representative of the Department of Correctional Services.

 

(3) The members of the Board, referred to in subsection (2)(a), must be appointed by the Minister after inviting nominations from the public.

 

(4) The Minister must appoint—
(a) the chairperson of the Board who must be a retired judge or a senior advocate with knowledge and experience in the field of human rights; and
(b) a deputy chairperson from the remaining members of the Board.

 

(5) The Minister must report to the National Assembly on the—
(a) appointment of the Board, including the names of the members of the Board and a synopsis of their expertise and suitability to serve on the Board; and
(b) removal or resignation of members from the Board, within 14 days of the appointment, removal or resignation, if Parliament is in session or, if Parliament is not in session, within 14 days after the commencement of its next ensuing session.

 

(6) The deputy chairperson must exercise all the powers and perform all the duties of the chairperson whenever the chairperson is unable to do so.

 

(7) The term of appointment of a member of the Board may, before the expiry thereof, be renewed for an additional term.

 

(8) In the case of a vacancy, the Minister must fill the vacancy within a reasonable period of time, which period must not exceed six months.

 

[Section 15V inserted by section 6 of Act No. 37 of 2013]

 

 


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