Parliament has shortlisted candidates for Information Regulator. This suggests that the Information Regulator will be established in 2016 and that POPI will commence later this year. Who the members of the Information Regulator are is very important. South Africa (both responsible parties and data subjects) needs an efficient and well functioning regulator. We think some would be excellent, whilst others are concerning. We are also surprised that some people are not on the shortlist.
The Candidates for Information Regulator
We have provided links to what we think is their profile on Linkedin.
- Pansy Tlakula
- Johannes Weapond
- David Taylor (attorney)
- Lebogang Stroom
- Sizwe Lindelo Snail (attorney)
- Siyakhula Simelane
- Thav Reddy
- Francis Cronje
- Shamila Singh (attorney)
- Tana Pistorius (professor of law at a university)
The question is – do these candidates meet the criteria to be members or are they disqualified? Do they have the appropriate qualifications and experience? Are they fit and proper? Are they office-bearers or employees of any political party? Has a court declared them to be mentally ill or unfit? Have they been convicted of an offence involving dishonesty?
Who can be a member of the Information Regulator
A person must:
- be appropriately qualified
- have expertise and experience relating to the objects of the Regulator
- be fit and proper
- be a citizen of South Africa
At least one member must have experience as a:
- practising advocate or attorney, or
- professor of law at a university.
This person will chair the Enforcement Committee. The Regulator will probably have two separate sections – one member for PAIA and one for POPI. One person will be the Chairperson and the other four will assist. But most importantly in our view, members must have a passion for protecting people from harm.
Who cannot be a member
- Public servants
- Members of Parliament, any provincial legislature or any municipal council
- Office-bearers or employees of any political party
- Unrehabilitated insolvents
- Someone a court has declared to be mentally ill or unfit
- Someone convicted of any offence involving dishonesty
Possible Actions for you to take
- Make your views about the candidates known to the portfolio committee
- Send this article to someone else you think might have views
- Attend a workshop on POPI in Cape Town (26 May) or Johannesburg (9 June)
- Brief your executives on POPI
- Join the Michalsons POPI Compliance Program
- Subscribe to the Michalsons newsletter to receive future updates