Question NW1805 to the Minister of Justice and Correctional Services
11 July 2017 - NW1805
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 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 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 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) |
|
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.