Section 42: Komiti ya Tlhokomelo e tshwanetse—

42. Komiti ya Tlhokomelo e tshwanetse—

(a) ka kakaretso go ela tlhoko taolo le tsamaiso ya Bothati jwa Tlhokomelo go netefatsa gore bo na le bokgoni le nonofo; le

(b) go direla Bothati jwa Tlhokomelo mo mabakeng a a latelang:

(i) Go dumelela Motlhankedimogolo wa Khuduthamaga go saena, mo boemong jwa Bothati jwa Tlhokomelo, memorantamo wa tumalano wa karolo 27 kgotsa karolo 77 le tlhabololo nngwe le nngwe ya memorantamo oo;

(ii) go rolela dithata tsa Bothati jwa Tlhokomelo go Bothati jwa Boitshwar o jwa Lephata la Ditshelete go ya ka karolo 77 ya memorantamo wa tumalano;

(iii) go amogela leano la taolo la Bothati jwa Tlhokomelo, le tlhabololo nngwe le nngwe ya leano;

(iv) go amogela ditsamaiso tsa tiro ya tsamaiso ya Bothati jwa Tlhokomelo, le tlhabololo nngwe le nngwe go ditsamaiso tseo;

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GOVERNMENT GAZETTE, 22 AUGUST 2017

Act No. 9 of 2017

Financial Sector Regulation Act, 2017

(v) appointing members of subcommittees of the Prudential Authority required or permitted by a law, and giving directions regarding the conduct of the work of any subcommittee;

(vi) making prudential standards, joint standards and other regulatory instruments in terms of financial sector laws;

(vii) making determinations of fees in terms of financial sector laws; and

(viii) any other matter assigned in terms of a financial sector law to the Prudential Committee.

## Meetings of Prudential Committee

43. (1) (a) The Prudential Committee must meet as often as necessary for the performance of its functions.

(b) An audio or audio-visual conference among a majority of the members of the Prudential Committee, which enables each participating member to hear and be heard by each of the other participating members, must be regarded as a meeting of the Prudential Committee, and each participating member must be regarded as being present at such a meeting.

(2) Meetings of the Prudential Committee are held at times and, except where subsection (1)(b) applies, at places determined by the Governor.

(3) A quorum for a meeting of the Prudential Committee is a majority of its members.

(4) (a) The Governor chairs meetings of the Prudential Committee at which the Governor is present.

(b) If the Governor is not present at a meeting, a Deputy Governor other than the Chief Executive Officer, who is nominated by the Governor, or selected in accordance with a procedure determined by the Governor, chairs the meeting.

(5) The Governor or the Deputy Governor chairing a meeting of the Prudential Committee may invite or allow any other person, including a representative of the Financial Sector Conduct Authority or the National Credit Regulator, to attend a meeting of the Prudential Committee, but a person who is invited has no right to vote at the meeting.

(6) The members may regulate proceedings at Prudential Committee meetings as they consider appropriate.

(7) The Chief Executive Officer must ensure that minutes of each meeting of the Prudential Committee are kept in a manner determined by the Chief Executive Officer.

## Decisions of Prudential Committee

44. (1) (a) A proposal before a meeting of the Prudential Committee becomes a decision of the committee if a majority of the members present, or regarded as being present, and voting on the proposal, vote for the proposal.

(b) In the event of an equality of votes on a proposal, the person chairing the meeting has a casting vote in addition to a deliberative vote.

(2) The Prudential Committee may, in accordance with procedures determined by it, make a decision on a proposal outside a meeting of the Prudential Committee.

(3) A decision of the Prudential Committee is not invalid merely because—

(a) there was a vacancy in the office of a member when the decision was taken; or

(b) a person who was not a member participated in the decision, as long as such person did not vote.

## Governance and other subcommittees

45. (1) The Prudential Committee must establish—

(a) a subcommittee to review, monitor and advise the Prudential Committee on the risks faced by the Prudential Authority and plans for managing those risks; and

(b) a subcommittee to advise the Prudential Committee on measures that must be taken to ensure that the Prudential Authority complies with its obligations in relation to auditing and financial management.

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Molao wa Taolo ya Lephata la Ditshelete, 2017

Nmr 9 ya 2017

(v) go thapa maloko a dikomititaleletso tsa Bothati jwa Tlhokomelo a a tlhokegang kgotsa a dumeletsweng ke mola, le go bontsha tsela mabapi le maitsholo a tiro a komititaleletso nngwe le nngwe;

(vi) go dira maemo a tlhokomelo, maemo a tlhakanelo le didiriswa tse dingwe tsa taolo go latela melao ya lephata la ditshelete;

(vii) go dira ditlhomamiso tsa dituelo go ya ka molao wa lephata la ditshelete; le

(viii) morero mongwe le mongwe o o abetsweng go ya ka molao wa lephata la ditshelete kwa Komiting ya Tlhokomelo.

## Dikopano tsa Komiti ya Tlhokomelo