10 Amendment of section 6A of Act 13 of 2000, as inserted by section 9 of Act 3 of 2006 7. Section 6A of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: ‘‘(1) The Minister must, in consultation with the National Assembly, establish a performance management system to monitor and evaluate the performance of the chairperson [and other], councillors and the Council, individually and collectively.’’. (b) by the substitution in subsection (2) for paragraph (a) of the following paragraph: ‘‘(a) set appropriate key performance indicators as a yardstick for measuring performance, including, amongst others, the matters and the time periods set out in sections 4(3A), 4B(2)(a), (7), (8) and (9), 4C(6), 7(7), 11A(3) and (4), 11B, 12(2) and 16(1) and (2);’’; (c) by the deletion in subsection (2) of the word ‘‘and’’ at the end of paragraph (b), the insertion of the expression ‘‘; and’’ after the word ‘‘year’’ in paragraph (c) and the addition of the following paragraph: ‘‘(d) be reviewed at least once a year.’’; and (d) by the substitution for subsections (3), (4) and (5) of the following subsections, respectively: ‘‘(3) As soon as is practicable after the appointment of the chairperson or any other councillor a performance agreement must be concluded between the chairperson [or], other councillor, the Council and the Minister. (4) The evaluation of the performance of the chairperson [or], other councillor and the Council must be conducted by a panel constituted by the Minister, in consultation with the National Assembly, for that purpose. (5) The panel contemplated in subsection (4) must, after an evaluation of the chairperson [or], other councillor and the Council, submit a report to the National Assembly for consideration.’’. 5 10 15 20 25 30 Amendment of section 7 of Act 13 of 2000, as amended by section 10 of Act 3 of 2006 8. Section 7 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for paragraph (b) of the following paragraph: ‘‘(b) The chairperson may at the end of his or her term of office be re-appointed in terms of section 5 for one additional term of five years only.’’; (b) by the substitution for subsections (4), (5) and (6) of the following subsections, respectively: ‘‘(4) [Despite] Notwithstanding the provisions of subsections (1) and (2), the [councillors remain] chairperson or a councillor remains in office after expiry of [their] his or her term of office until the commencement of the term of office of [their successors] his or her successor, but the extended term of office may not exceed 45 days. (5) A councillor may at the end of his or her term of office be re-appointed in terms of section 5 for one additional term of four years only. (6) [Every] A councillor— (a) serves in a full-time capacity to the exclusion of any other remunerative employment, occupation or office [which is likely to—]; [a](b) must not interfere with the exercise by any [such] other councillor of his or her functions in terms of this Act or the underlying statutes; [or] and [b](c) must not create a conflict of interests between [such employment, occupation or office] his or her other activities and his or her office as councillor.’’; and (c) by the addition of the following subsection: ‘‘(7) The provisions of subsection (6) do not apply to— (a) a councillor who occupies office as a member of a public interest organisation and performs concomitant tasks for which a honorarium is paid or payable; 35 40 45 50 55 60