Staggering of the Appointment of Commissioners

COMMISSION FOR GENDER EQUALITY AD HOC COMMITTEE
6 March 2007
STAGGERING OF THE APPOINTMENT OF COMMISSIONERS

Chairperson: Ms P Tshwete

Relevant documents:
Report of the Ad Hoc Committee on Nomination of Persons to fill vacancies on the Commission on Gender Equality, dated 18 September 2006 (see Appendix)
Commission on Gender Equality Act, No 39 of 1996

SUMMARY
The Committee had been requested to indicate in its recommendations to the President which of the full-time commissioners on the Commission on Gender Equality should be appointed for four years and which for a period of four and a half years. This measure ensured the continuity of the work of the Commission at the end of their tenure.

The Committee agreed on the nominations of Dr Teboho Matitse, Ms Nomboniso Gasa, Ms Janine Hicks for a five year tenure and Mr Dizline Shozi, Ms Yvette Abrahams, and Ms Ndileka Loyilane for a four and a half year tenure.

MINUTES
The Chairperson noted that the recommendations of appointments for the Commission on Gender Equality were in terms of the Commission on Gender Equality Act and section 193 of the Constitution. The nominations that had been received from the public had been short-listed to seventeen candidates for interviews. They had been interviewed and eleven names had been recommended for appointment. The recommendations had divided the eleven into six full time and five part time commissioners. She noted that the full time commissioners should not hold office for a period exceeding five years nor should the full time commissioners have their term expire simultaneously.

Ms S Rajbally (MF) inquired if a Member of Parliament was or could be considered for appointment to the Commission of Gender Equality (CGE).

The Chairperson responded that a Member of Parliament could not be appointed.

Mr P Mathebe (ANC) wondered if the appointments should be made at this moment as the new CGE chairperson is unknown.

Ms J Semple (DA) noted that commissioners must be appointed quickly or there would be no one sitting on the commission.

Mr J Delport stated that full time commissioners should be appointed as soon as possible to become familiar with the commission and possibly replace the current chair after end of tenure.

Ms Rajbally inquired if full time commissioners would have a probation period in office.

The Chairperson responded that this was not the case as once they are appointed, they are commissioners.

Ms Semple stated that the full time commissioners should be appointed at different dates to comply with the Act, but the first appointment should include three or four candidates so as not to limit the choice of the future CGE chairperson.

Mr L Nzimande (ANC) noted that six months would be an efficient time period in which to appoint the full time commissioners. The Department of Justice should be efficient enough to realise that the end of their tenure was looming and thus begin fresh recruitment in a timely fashion.

Ms J Semple noted that one could not solely rely on the Department of Justice due to the fact that recruitment had begun in 2004 and now one was in 2007. There must be at least a year to allow for the staggering of appointments.

The Chairperson ruled that six months between the appointments would be enough time.

The Committee agreed on the nominations of Dr Teboho Matitse, Ms Nomboniso Gasa, Ms Janine Hicks for a five year tenure and Mr Dizline Shozi, Ms Yvette Abrahams, and Ms Ndileka Loyilane for a four and a half year tenure.

The Chairperson noted that the recommendations for staggering the appointment of the part time commissioners was not part of the committee’s mandate.

The staggering of the appointment of the candidates would be recommended to the National Assembly and thereafter to the President for appointment.

The meeting was adjourned.

Appendix:
Report of the Ad Hoc Committee on Nomination of Persons to fill vacancies on the Commission on Gender Equality, dated 18 September 2006:

The Ad Hoc Committee on Nomination of Persons to fill vacancies on the Commission on Gender Equality, was appointed by the House on 2 November 2005 to make nominations to the House in order to enable it to recommend to the President, persons to fill vacancies on the Commission on Gender Equality in terms of section 3(2) of the Commission on Gender Equality Act (Act No 39 of 1996), read with section 193 of the Constitution. The committee was to report to the House by no later than 15 February 2006.

On the 17th February 2006, the House extended the committee’s deadline to the 22nd March 2006 in order to accommodate the Local Government elections. The committee’s deadline was further extended by House resolution on the 23rd March 2006 to the 12th May 2006. The committee reported on 11 May 2006 and asked the House to extend the deadline by which it must complete its task. These last extensions allowed time for the Minister of Justice and Constitutional Development to re-advertise invitations for the public to nominate suitable candidates for consideration by the committee.

The Department of Justice and Constitutional Development received nominations and curricula vitae in response to the Minister’s invitation to the public to nominate suitable candidates, and submitted those to the National Assembly during August 2006, for the committee to consider. Of the 75 nominations received, the committee short listed 19 candidates, and interviewed the following 17:

1 Ms Nomboniso Papama Gasa
2. Ms Thembi Sarah Masilela
3. Prof. Engela Pretorius
4. Ms Nomazotsho Memani-Balani
5. Adv Salome Khutsoane
6. Dr Nombulelo Siqwana-Ndulo
7. Ms Rosieda Shabodien
8. Ms Yvette Abrahams
9. Ms Bosa Daisy Ledwaba
10. Mr Xolisani Holland
11. Mr Bafana Gideon Khumalo
12. Ms Kenosi Vanessa Meruti
13. Mr Dizline Mfanozelwe Shozi
14. Ms Ndileka Eumera Portia Loyilane
15. Ms Dudu Masintle Zinneth Mokoena
16. Ms Janine Louise Hicks
17. Dr Teboho Maitse
 
The following candidates withdrew:

18. Prof Peggy Nomfundo Luswazi
19. Ms Thelma Themba Kgasi
 
The committee, in assessing the candidates, took into consideration various criteria which would assist the CGE to fulfill its mandate.

The committee notes that in terms of section 3(4)(a) of the Commission on Gender Equality Act, the members of the Commission may be appointed as full-time and part-time members and shall hold office for a period not exceeding five years, as the President may determine, provided that the term of office of full-time members shall not expire simultaneously.

Having interviewed the candidates, the committee nominates the following candidates for recommendation by the House to the President to appoint as Commissioners:

1. Full time:

1. Ms Ndileka Eumera Portia Loyilane
2. Dr Teboho Maitse
3. Ms Nomboniso Papama Gasa
4. Ms Janine Louise Hicks
5. Mr Dizline Mfanozelwe Shozi
6. Ms Yvette Abrahams

2. Part-time:

7. Ms Kenosi Vanessa Meruti
8. Adv Salome Khutsoane
9. Ms Nomazotsho Memani-Balani
10. Ms Rosieda Shabodien
11. Mr Bafana Gideon Khumalo
Ms Kenosi Vanessa Meruti

The committee further recommends that consideration be given to the staggering of the term of office of the full-time Commissioners over the period of 5 years.

Report to be considered.