ATC201020: Report of the Portfolio Committee on Justice and Correctional Services on the appointment of a part-time member to the Information Regulator, dated 7 October 2020

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Correctional Services on the appointment of a part-time member to the Information Regulator, dated 7 October 2020

 

The Portfolio Committee on Justice and Correctional Services, having considered the request by the President of the Republic for the National Assembly to recommend a candidate to fill the vacancy created by the resignation of Professor Tana Pistorius as a part-time member of the Information Regulator, reports as follows:

 

1. On 20 November 2019, the following was referred to the Committee for consideration and report (ATC 104-2019):

 

“Filling of vacancy in Information Regulator

A letter, dated 4 November 2019, has been received from the President of the Republic, informing the Assembly of the resignation of Professor Tana Pistorius as a part-time member of the Information Regulator, and requesting the National Assembly to start the process of filling the vacancy created by the resignation, in terms of section 41 (2) of the Protection of Personal Information Act, 2013 (Act No 4 of 2013).”

 

1. Protection of Personal Information Act, 2013: Process

 

1. Section 41(5) of the Protection of Personal Information Act, 2013 (“the Act”) provides that a person may resign upon written notice to the President (as has occurred) and the effect of this is a vacancy in the Regulator. Section 42(2)(a) clarifies that when a vacancy occurs, the procedure (for appointment) contemplated in section 41(2) applies.

 

1. Section 41(2)(a) of 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.

 

1. 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.

 

1. The recommendation must also indicate whether the member is to be appointed in a full-time or part-time capacity.

 

1. 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 expiration of such period, be eligible for reappointment.

 

1. However, any Member who is appointed to fill a vacancy holds office for the rest of the period of the predecessor’s term of office, unless the President, upon recommendation by the National Assembly, appoints that Member for a longer period which may not exceed five years.

 

1. Committee process followed

 

1. The Committee advertised the position requesting members of the public to nominate candidates for appointment to the part-time position at the Information Regulator, receiving 25 nominations or applications, in all. Of these, two candidates (Adv. KS Malunga and Adv. T Mohapi) withdrew.

 

1. Those who applied or were nominated are listed below:

• Adams, Diane
• Adendorf, Lionel Ricardo
• Baniparsadh, Anchal
• Burgins, Venice (Adv.)
• Dabideen, Preetha
• Dala, Prittish (Dr)
• Docrat, Faizel
• Dolamo, Katlego
• Esau, Mohamed
• Gillwald, Alison Prof
• Gumbi, Mzamo Alexander Prof
• Heeger, Paul
• Khanyile, Bongani
• Limpitlaw, Justine Prof
• Magrath, Alison Pamela
• Malunga, Keven Sifiso WITHDREW
• Mofokeng, Dudu
• Mohapi, Thato Adv. WITHDREW
• Myeni, Sbusisiwe L.T
• Nonxuba, Sipamandla
• Qodashe, Andile
• Rasethaba, Sello Mashao
• Semane, Thembeka
• Thomas, Dylan
• Tilley, Allison

 

1. Before shortlisting took place, all candidates were requested to complete a questionnaire that was based broadly on the questionnaire that the Judicial Services Commission makes use of in the case of judicial appointments and also contained disclosure provisions.

 

1. 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.

 

1. The Committee agreed to ‘short-list’ five candidates but one candidate, Dr Prittish Dala, withdrew from the process before the interviews took place. The shortlisted candidates were as follows:

• Dr Prittish Dala (Withdrew)
• Ms Katlego Dolamo
• Prof Alison Gillwald
• Prof Justine Limpitlaw
• Ms Alison Tilley.

 

1. On 6 October 2020, the Committee interviewed all four candidates, making use of the virtual platform Zoom.

 

1. After deliberating, the Committee resolved to nominate to the National Assembly that Ms Alison Tilley be recommended for appointment as a part-time member of the Information Regulator.

 

1. The Committee also considered the period of the term of office. Although the appointment fills a vacancy, Prof Pistorius’ appointment would have ended on 31 November 2021, which is only slightly more than a year away. The Committee does not believe it desirable to appoint a new member for such a short period. The Committee, therefore, also recommends that this appointment be for a longer period which may not exceed five years.

 

1. Recommendation

 

1. The Committee, therefore, recommends that:

 

1. The National Assembly resolve to recommend that Ms Alison Tilley be appointed as a member of the Information Regulator in a part-time capacity; and
2. The period of the term of appointment be for a longer period which may not exceed five years.

 

1. Appreciation

 

1. The Committee was very impressed by all the candidates and would like to thank them for making themselves available to be considered for the appointment.

 

Report to be considered