Question NW1805 to the Minister of Justice and Correctional Services

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11 July 2017 - NW1805

Profile picture: Matiase, Mr NS

Matiase, Mr NS to ask the Minister of Justice and Correctional Services

Which entities reporting to him (a) have a board in place and (b) do not have a board in place, (i) of those that have a board, (aa) when was each individual board member appointed and (bb) when is the term for each board lapsing and (ii) how many (aa) board members are there in each board and (bb) of those board members of each entity are female; (2) with reference to entities that do not have boards in place, (a) who is responsible for appointing the board and (b) when will a board be appointed?

Reply:

1. The information, in relation to the entities reporting to the Minister of Justice and Correctional Service that have Boards in place, is detailed as follows.

A) LEGAL AID SOUTH AFRICA

(a) Legal Aid South Africa has a Board appointed, in terms of Section 6 (1) of the Legal Aid South Africa Act No. 39 of 2014, by the Minister of Justice and Correctional Services.

(i) (aa) the dates of appointment of the Directors as members of the Board are as follows:

Appointed in terms of which section of the Act

Name

Period of Appointment

   

Start Date

End Date

1.  Section 6(1)(a) of the Legal Aid South Africa Act, 2014 (Act No. 39 of 2014)

Chairperson:

Mr Justice D Mlambo

1 March 2016

28 February 2019

2.  Section 6(1)(b) and Section 8 (1) of the Legal Aid South Africa Act, 2014 (Act No. 39 of 2014)

Deputy Chairperson:

Mr Justice M Makume

17 October 2017

28 February 2019

3.  Section 6(1)(b)

Seven (7) non-executive members:

  1. Professor Y Vawda;
  1. Mr F Mvundlela;
  1. Ms T Mhlungu;
  1. Ms N Mgadza;
  1. Ms M Naidoo;
  1. Mr M Leseilane; and
  1. Ms A Chowan.

1 March 2016

28 February 2019

4.  Section 6(2)

Two (2) non-executive members to serve as alternative members to the members appointed in terms of Section 6(1)(b):

  1. Ms A Rhoda; and
  1. Mr L Mtshali

1 March 2016

28 February 2019

5.  Section 6(1)(c)

Ms V Vedalankar, ex officio in her capacity as the Chief Executive Officer (CEO)

1 March 2016

Until her period of appointment as CEO expires

6. Section 6(1)(d)

Three (3) executive members

  1. Advocate B Nair;
  1. Mr P Hundermark; and
  1. Mr J Makokoane

1 March 2016

28 February 2019

7. Section 6(2)

One (1) executive member to serve as an alternative member to the members appointed in terms of Section 6(1)(d)

Ms R Hlabatau

1 March 2016

28 February 2019

8.  Section 6(1)(e)

The Director-General: Department of Justice and Constitutional Development or his or her nominee

Advocate PA du Rand (Nominee)

1 March 2016

28 February 2019

(bb) the term of office for the Board members is three (3) years as shown above.

(ii) (aa) The Board of Legal Aid South Africa has a total of fourteen (14) Board Members made up of ten (10) Non-Executive Directors and four (4)

Executive Directors. There are also three (3) Alternative Board Members.

(bb) the Board of Legal Aid South Africa has five (5) females (plus 2 Alternative members).

B. COUNCIL FOR DEBT COLLECTORS

The Council for Debt Collectors has a board or Council Members appointed, in terms of Section 3 of the Debt Collectors Act 1998 (Act No. 114 of 1998), by the Minister of Justice and Correctional Services. The Council, appointed in terms of the Act, consists of ten (10) members, of which three (3) members are females.

The table below provides details of Council Members, i.e. Names, capacity and term of office:

Name

Appointed in terms of which section of the Act

Capacity

Period of Appointment

     

Start Date

Start Date

1. Ms L S Machaba

Section 3(2)(a)

Chairperson

4 March 2015

3 March 2018

2. Ms J Ntshingila

Section 3(2)(b)(i)

Member

4 March 2015

3 March 2018

3. Mr J C Janse van

Rensburg

Section 3(2)(b)(ii)

Member

4 March 2017

3 March 2020

4. Mr B Maseko

Section 3(2)(b(iii)

Member

4 March 2015

3 March 2018

5. Mr A Olivier

Section 3(2)(b)(iii)

Member

4 March 2015

3 March 2018

6. Mr S Lindsay

Section 3(2)(b)(iii)

Member

4 March 2017

3 March 2020

7. Mr M Lamola

Section 3(2)(b)(iii)

Member

4 March 2015

3 March 2018

8. Adv. P A du Rand

Section 3(2)(b)(iv)

Member

4 March 2015

3 March 2018

9. Mr C Senzani

Section 3(2)(b)(iv)

Member

4 March 2017

3 March 2020

10. Ms M M Viljoen

Section 3(2)(b)(v)

Member

4 March 2015

3 March 2018

C. SOUTH AFRICAN LAW REFORM COMMISSION

(a) (i) The South African Law Reform Commission (SALRC) is one of the entities reporting to the Minister of Justice and Correctional Services which has a Board/Commission in place.

Appointed in terms of which Section of the Act

Name of Members Appointed

Capacity

Period of Appointment

     

Start Date

End Date

Section 2(2) of the South African Law Reform Commission Act 19 of 1973

Judge Jody Kollapen of the Gauteng North Division of the High Court

Chairperson

April 2015

September 2018

 

Professor V Jaichand (WITS)

Member

September 2013

September 2018

 

Advocate M Sello (Practicing Advocate)

Member                            

September 2013

September 2018

 

Mr IBW Lawrence (Practicing Attorney)

Member

September 2013

September 2018

 

Ms NT Siwendu (Practicing Attorney)

Member

September 2013

September 2018

 

Professor Annet Wanyana Oguttu (UNISA)

Member

January 2015

September 2018

 

Professor Marita Carnelly (UKZN)

Member

January 2015

September 2018

(ii) The Board of the SALRC consists of seven members, and four (4) of the

Commissioners are females.

D. RULES BOARD FOR COURTS OF LAW

(1)(a) The Rules Board is accountable to the Minister in terms of the Act, and has a

Board in place. The table below provides further details in respect to the members and term of office:

Appointed in terms of which Section of the Act

Name of Members Appointed

Capacity

Period of Appointment

     

Start Date

End Date

In terms of Section 3 of the Rules Board for Courts of Law Act of 1985 (Act No. 107 of 1985)

  1. Judge SA Majiedt
  1. Judge FE Mokgohloa
  1. Ms Jakkie Wessels
  1. Mr Patrick Hundermark
  1. Ms Nosidima Ndlovu
  1. Adv McCaps Motimele SC
  1. Adv. Paul Farlam, SC
  1. Adv. Anthea Platt SC
  1. Prof. Mohamed Paleker
  1. Mr Graham Bellairs (LSSA)
  1. Mr Mashudu Kutama (LSSA)
  1. Mr Asif Essa (Alternate: LSSA)
  1. Mr Rodney Isaacs (DoJ&CD)
  1. Ms Elmarie de Klerk (Magistracy)

Chairperson

Vice- Chairperson

Member

Member

Member

Member

Member

Alternate Member

Member

Member

Member

Alternate

Member

Member

Member

01 January 2012

6 March 2017

01 January 2012

01 January 2012

01 September 2014

01 January 2012

01 January 2012

01 January 2012

01 January 2012

01 January  2012

01 September 2014

01 September 2014

1 January 2015

1 January 2012

31 December 2017

6 March 2022

31 December 2017

31 December 2017

31 August 2019

31 December 2017

31 December 2017

31 December 2017

31 December 2017

31 December  2017

31 August  2019

31 August 2019

31 December 2020

31 December 2017

(ii) There are twelve (12) Board members plus 2 alternates, in the Rules Board for Courts of Law, five (5) of the members are females.

E. SOUTH AFRICAN BOARD FOR SHERIFFS

Appointed in terms of which Section of the Act

Name of Members Appointed

Capacity

Period of Appointment

     

Start Date

End Date

In terms of section 9(2) (a) of the Sheriffs Act, 1986 (Act No. 90 of 1986)

Mrs C Mabuza (Sheriff)

Ms P Roodt (Sheriff)

Ms Nomajwara Soga (Sheriff)

Ms Mmathotho Lephadi (Sheriff)

Mr Ignatius Klynsmith (Sheriff)

Chairperson

Member

Member

Member

Member

1 March 2015

1 March 2015

1 March 2015

1 March 2015

1 March 2015

28 February 2018

28 February 2018

28 February 2018

28 February 2018

28 February 2018

In terms of section 9(2) (b) of the Sheriffs Act, 1986 (Act No. 90 of 1986)

Advocate Hishaam Mohamed

Mr Thamsanqa Tembe Sec. 9(2)(c)

Mr Lesiba Mashapa Sec. 9(2)(d)

Prof. Lovell Fernandez Sec 9(2)(e)

Mr Meko Magida Sec. 9(2)(e)

Ms Khunjulwa Sigenu Sec 11(2)(a)

Member and Deputy Chairperson

Member

Member

Member

Member

1 March 2015

1 March 2015

1 March 2015

1 March 2015

1 March 2015

14 April 2016

28 February 2018

28 February 2018

28 February 2018

28 February 2018

28 February 2018

28 February 2018

(b) The following entities reporting to me do not have Boards, and no Boards are envisaged to be appointed:

(i) SPECIAL INVESTIGATING UNIT

Due to the critical work that the Special Investigating Unit (SIU) does, the SIU does not have Board as it is a Schedule III Public entity, with the Accounting Authority fulfilling the role of the Board.

For ease of reference, section of the Public Finance Management Act (PFMA) is quoted below:

Section 49 2 (a) & (b) of the PFMA.

“2. if the public entity -

(a) has a board or other controlling body, that board or controlling body is the accounting authority for that entity or

(b) does not have a controlling body, the chief executive officer or the other person in charge of the public entity is the accounting authority for that public entity unless specific legislation applicable to that public entity designates another person as the accounting authority.”

Furthermore, the SIU’s legislation (the Special Investigating Units and Special Tribunals Act, No 74 of 1996) also does not require the establishment or appointment of a Board. Should the SIU want to appoint a Board, this will require amendments to the Act.

The Head of the SIU has informed me that he is of the opinion that if the Standing Committee on Public Accounts (SCOPA) sees the need for a Board to be established, it can advise, and the recommendation will be considered.