Establishment of Enforcement Committee
(1) The Regulator must establish an Enforcement Committee which must consist of— (a) at least one member of the Regulator; and (b) such other persons appointed by the Regulator, as referred to in section 47(7), for the period determined by the Regulator.
(2) The Regulator must— (a) in consultation with the Chief Justice and Minister, appoint a— (i) judge of the High Court of South Africa, whether in active service or not; or (ii) magistrate with at least 10 years' appropriate experience, whether in active service or not; or (b) appoint an advocate or attorney with at least 10 years' appropriate experience, as Chairperson of the Enforcement Committee.
(3) The Chairperson of the Enforcement Committee must manage the work of and preside at hearings of the Enforcement Committee.
(4) (a) A member referred to in subsection (1)(a) may not participate in any proceedings of the Regulator in terms of which a decision is taken with regard to a recommendation by the Enforcement Committee as referred to in section 93. (b) A person referred to in subsection (1)(b) must be a fit and proper person and must comply with the criteria, referred to in section 41(1)(g), for appointment as a member of the Regulator.
What this means for your estate
- This is the committee that would actually review your estate's case before the Regulator issues an enforcement notice (s.95) or moves toward an administrative fine (s.109) — chaired by a judge, magistrate, advocate or attorney, not an ordinary Regulator staffer. Useful to know the process has this level of independent review built in before a fine is even proposed.
PopiGuard's Regulator Kit is built to keep your estate well clear of Enforcement Committee territory — resolving issues at the complaint stage, not the recommendation stage.