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Spatial Data Infrastructure Act, 2003 (Act No. 54 of 2003)

Regulations

Spatial Data Infrastructure Regulations, 2017

Committee for Spatial Information

11. Members of Committee

 

(1)

(a) The Minister must, by notice published in the Gazette and in at least  one national newspaper and any other printed media as he or she may consider appropriate, invite nominations for candidates for appointment as members of the Committee.
(b) The notice referred to in subregulation (1)(a) must indicate the categories of members of the Committee referred to in section 5(2) of the Act, in respect of which nominations are required, the number of members to be appointed in each such category and the persons, associations, institutions, organisations or bodies entitled to nominate persons in specific categories.

 

(2)

(a) Nominations must be done by the completion and submission of Form B to these Regulations, within 25 working days from the date of publication of the notice referred to in subregulation (1)(a) and with due regard to the provisions of subregulation (4).
(b) All nominated persons must complete Form C to these Regulations and disclose any relevant information related to their mental state, state of solvency and any criminal record and must be accompanied by any supporting documentation, including a court order in respect of insolvency where relevant, and must be submitted together with Form B as referred to in subregulation (2)(a).

 

(3) In considering the persons nominated for appointment as members of the Committee, the Minister must take into consideration affirmative action measures as referred to in section 15(1) of the Employment Equity Act, 1998 (Act No. 55 of 1998).

 

(4) A member of the Committee—
(a) must be a South African citizen;
(b) must, with the exception of members referred to in section 5(2)(f) of the Act—
(i) have a qualification in Geomatics or any related field, as determined or recognised by the relevant professional body in consultation with the relevant quality council referred to in Chapter 5 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), and as contemplated in section 28 of that Act, which qualification must be registered on the National Qualifications Framework by the South African Qualifications Authority in accordance with the provisions of that Act; and
(ii) have at least five years of practical experience in the geospatial information management, and such a member should be serving in the senior management position in a department or institution that uses geospatial information on a regular basis.
(iii) should have knowledge of operational geospatial information management, project management and GIS implementation.

 

(5) The provisions of subregulation (4)(b) and (c) shall not apply to any person who is a member of the Committee at the time of the commencement of these Regulations.

 

(6) A member of the Committee must vacate his or her office, if he or she has engaged in any activity that, in the Minister's reasonable opinion, has brought or may bring the Committee into disrepute, which activities may include—
(a) participation in any investigation, hearing or decision of the Committee or a subcommittee thereof concerning a matter in respect of which that member has a financial or personal interest;
(b) making private use of, or profiting from, any confidential information obtained as a result of performing his or her functions as a member of the Committee;
(c) divulging any information referred to in subregulation (1)(b) to any third party, except as required by or under this Act or the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).
(d) failed to attend the meetings of the Committee as contemplated in section 8(2)(b) of the Act.

 

(7) Whenever a member of the Committee has to vacate his or her office due to a disqualification referred to in section 8(2)(d) of the Act, the head of the relevant body or department must inform the Minister and the Committee in writing of such disqualification within 30 working days from the date on which the member has been recalled by or ceased to be associated with the relevant body or ceased to be an official of the relevant department.

 

(8) The Minister may fill any vacancy referred to in section 5(7) of the Act within 60 working days from the date on which the Minister was informed of the vacancy and with due regard to the provisions of section 5(2) and (3) of the Act.

 

(9) Before the Minister appoints the members of the Committee contemplated in section 5(2)(d) and (e), must be satisfied by the provincial government and South African Local Government Associations (SALGA) that the provincial departments and municipalities were consulted for their views to nominate a member to represent their interests.