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The POPI Act / Sections / Section 42
Section 42

Vacancies

Chapter 5 · Supervision · Part A, Information Regulator

(1) A vacancy in the Regulator occurs if a member— (a) becomes subject to a disqualification referred to in section 41(1)(g); (b) tenders his or her resignation as contemplated in section 41(5) and the resignation takes effect; (c) is removed from office in terms of section 41(6); (d) dies; or (e) becomes permanently incapable of doing his or her work.

(2) (a) Where a vacancy has arisen as contemplated in subsection (1), the procedure contemplated in section 41(2) applies. (b) Any member appointed under this subsection 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.

Information Regulatorchapter 5vacanciesgovernance
Beyond the text

What this means for your estate

  • Purely procedural, how a vacant seat on the Regulator itself gets filled. Not a compliance obligation on your estate; included here for completeness of the Act reference.
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Not something your estate needs to act on.

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