ATC211118: Report of the Portfolio Committee on Justice and Correctional Services on the request to initiate a process to fill vacancies on the Information Regulator, in terms of the Protection of Personal Information Act, 2013 (Act No 14 of 2013), dated 18 November 2021

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Correctional Services on the request to initiate a process to fill vacancies on the Information Regulator, in terms of the Protection of Personal Information Act, 2013 (Act No 14 of 2013), dated 18 November 2021

The Portfolio Committee on Justice and Correctional Services, having considered the referred letter from the Minister of Justice and Correctional Services, requesting the Assembly to initiate a process to fill vacancies on the Information Regulator, in terms of the Protection of Personal Information Act, 2013 (Act No 14 of 2013), reports as follows:

1. On 27 July 2021, the following was referred to the Committee for consideration and report (ATC 99-2021):

“Request to initiate process to fill vacancies on the Information Regulator

A letter from the Minister of Justice and Correctional Services, requesting the Assembly to initiate a process to fill vacancies on the Information Regulator, in terms of the Protection of Personal Information Act, 2013 (Act No 14 of 2013)”.

2. The need to fill vacancies on the Information Regulator arises as the term of office of the Chairperson, the two full-time members and a part-time member of the Information Regulator expire on 30 November 2021.

3. Section 41(2)(a) of the Protection of Personal Information Act, 2013 (the Act) provides for the President of the Republic to appoint the Chairperson and the members of the Regulator on the recommendation of the National Assembly.

4. Section 41(2)(b) of the Act requires that the National Assembly must recommend a person for appointment who is:

• Nominated by a committee of the Assembly composed of members of parties represented in the Assembly; and
• Approved by the Assembly by a resolution adopted with a supporting vote of a majority of the members of the Assembly.

5. Section 41(1)(c) of the Act requires that the Chairperson serve in a fulltime capacity. However, section 41(2(a) of the Act provides that the Assembly’s recommendation must indicate which ordinary members must be appointed in a full-time or part-time capacity.

6. Section 41(3) of the Act provides that the members of the Regulator will be appointed for a period of not more than five years and will, at the expiry of such period, be eligible for reappointment. In this instance, the serving Chairperson, Adv. Pansy Tlakula, and two ordinary members, Mr Johannes Collen Weapond and Adv. Lebogang Cordelia Stroom-Nzama, have put their names forward for reappointment.

7. The Committee advertised the position requesting members of the public to nominate candidates for appointment as a member of the Information Regulator, receiving 29 nominations or applications, in all. Of these, one candidate (Adv. Lindelo Snail ka Mtuze) withdrew from the process.

8. Before shortlisting took place, all candidates were requested to complete a questionnaire that also contained disclosure provisions. In addition, the Committee agreed that the academic qualifications of those shortlisted would be verified and that Parliament should be asked to facilitate screening of the candidates.

9. From the nominations and applications that were received, the Committee agreed to ‘short-list’ eight candidates, as follows:

• Ms. Anchal Baniparsadh.
• Mr. Ezra Pillay.
• Dr. Sebolawe Tladi.
• Prof. JCW van Rooyen.
• Adv. Pansy Tlakula.
• Mr. Mfana Gwala.
• Adv. Johannes Collen Weapond.
• Adv. Lebogang Stroom-Nzama.

10. On 17 November 2021, the Committee interviewed all eight candidates, making use of the virtual platform Zoom.

11. Having considered the Minister’s request to the National Assembly, the Committee resolves that the National Assembly recommends that the following candidates be appointed to the Information Regulator:

a). Adv. Pansy Tlakula as the Chairperson
b). Adv. Lebogang Stroom-Nzama as an ordinary member in a full-time capacity.
c). Adv. Johannes Collen Weapond as an ordinary member in a full-time capacity.
d). Mr. Mfana Gwala as an ordinary member in a part-time capacity.

Appreciation

12. The Committee wishes to thank the candidates for making themselves available to be considered for the appointment.

 

Report to be considered