Agricultural Research Amendment Act

23 December 2001 No. 22856 THE PRESIDENCY No. 1237 23 November 2001 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 27 of 2001: Agricultural Research Amendment Act, 2001 AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 No. 22856 GOVERNMENT GAZETTE, 23 NOVEMBER 2001 Act No. 27,2001 AGRICULTURAL RESEARCH AMENDMENT ACT, 2001 GENERAL EXPLANATORY NOTE: ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. (English text signed by the President.) (Assented to 12 November 2001.) ACT To amend the Agricultural Research Act, 1990, so as to make further provision for the procedure to be provide for matters connected therewith. followed in the appointment of members of the Council; and to E IT ENACTED by the Parliament of the Republic of South Africa, as B f o m s : - Amendment of section 9 of Act 86 of 1990, as substituted by section 1 of Act 16 of 1996

1. Section 9 of the Agricultural Research Act, 1990, is hereby amended by- (a) the substitution for subsection (3) of the following subsection: “(3) (a) Whenever a member of the Council has to be appointed, the Minister shall- in [at least two national newspapers and so many local by notice the Gazette and other newspapers as the Minister may determine] appropriate media, invite persons, stakeholders, the Premier of each province and the Portfolio’ and Select Committees of Parliament responsible for agricultural affairs to submit to [him or her] the Minister, within the period mentioned in the notice, the names of persons who comply with the criteria referred to in paragraph (a) of subsection (2); establish a selection committee consisting of [the number ofl at least persons [which the Minister may determine], designate a chairperson for the committee and submit nominations received. to the committee all the 5 10 15 20 (b) [The chairperson of the appropriate committee of the National Assembly and the chairperson of the corresponding committee of the Senate, or their delegates, shall be members in paragraph (u)(ii).] of the committee referred to [(c)] The selection committee [referred to in paragraph (u)(ii)] shall, within 30 days after the signing of the letters of appointment of its members, from the nominations submitted to it by the Minister, compile a short-list of eligible candidates who have referred to in subsection ( 2 ) , and submit it to the [Parliamentary committees referred to in paragraph (b)] Minister. knowledge and experience of- any matter 25 fc) The Minister shall appoint such number of members as is required from 30 the short-list of candidates recommended by the selection committee. ( d ) Within 30 days after making any appointment in terms of paragraph (c), the Minister shall inform the Portfolio and Select Committees of Parliament responsible for agricultural affairs in writing of the appointment made. 4 No. 22856 GOVERNMENT GAZETTE, 23 NOVEMBER 2001 Act No. 27,2001 AGRICULTURAL RESEARCH AMENDMENT ACT, 2001 [(e) A member of the Council shall be appointed by the Minister after to him or her in terms of due consideration of the recommendation made paragraph (d): Provided that if the Minister does not agree with the recommendation, the Minister shall refer the matter back to the Parliamentary committees referred tion.]”; and to in paragraph (b) for consulta- (b) the addition of the following subsection: “(5) A person may not be nominated or appointed as a member of the Council if such person- (a) is not a South African citizen or permanently resident in the Republic; (b) is an unrehabilitated the trustee of the insolvent in respect of whom insolvent estate has not certified that the insolvent is a fit and proper person to serve as a member of the Council; (c) has failed or is unable to comply in full with a judgment or order, including an order as to costs, given against such person by a court of law in civil proceedings; (d) has been convicted of an offence involving an element of dishonesty or has been sentenced for any other offence committed on or after 27 April 1994 to a period of imprisonment without the option of a fine; ( e ) is of unsound mind; or (fJ has contravened a provision of section 7 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000), and it has been so determined by an equality court.”. 5 10 15 20 Amendment of section 12 of Act 86 of 1990, as amended by section 2 of Act 16 of 1996 25

2. Section 12 of the Agricultural Research Act, 1990, is hereby amended- (a) by the insertion of the following paragraph in subsection (2): (b) by the substitution paragraph: ~ ~- - “ ( a ) he or she has contravened a provision of section 7 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act so determined by an equality No. 4 of 2000), court;”; and it has been for paragraph v) of subsection (2) of the following “(a he or she is nominated as a candidate for election as a member of Parliament, a Provincial House of Traditional Leaders, the [Coun- cil] National House of Traditional Leaders, [the Volkstaat Coun- cil,] a provincial legislature, or the council or other governing body of a of a political pa& and whose functions as such are incompatible with the functions of a member; or”; and local government body or is appointed as an official 30 35 40 (c) by the substitution for subsection (4) of the following subsection: “(4) If a member dies or by written notice, directed to the Minister, resigns or in terms of subsection (2) or (3) ceases to be a member, the Minister shall [subject to the provisions of section 9,] appoint a suitable person in [his place] the vacancy for the unexpired period of [his] the relevant term of office.”. 45 Short title

3. This Act is called the Agricultural Research Amendment Act, 2001.