Chapter 8: Regulatory Agencies and Administration of Act
Part A: Companies and Intellectual Property Commission

s185: Establishment of Companies and Intellectual Property Commission

  • (1) The Commission is hereby established as a juristic person to function as an organ of state within the public administration, but as an institution outside the public service.
    • (2) The Commission:
      • (a) has jurisdiction throughout the Republic;
        • (b) is independent, and subject only to:
          • (i) the Constitution and the law; and
            • (ii) any policy statement, directive or request issued to it by the Minister in terms of this Act;
            • (c) must be impartial and perform its functions without fear, favour, or prejudice; and
              • (d) must exercise the functions assigned to it in terms of this Act or any other law, or by the Minister, in:
                • (i) the most cost-efficient and effective manner; and
                  • (ii) in accordance with the values and principles mentioned in section 195 of the Constitution.
                • (3) Each organ of state must assist the Commission to maintain its independence and impartiality, and to exercise its authority and perform its functions effectively.
                  • (4) Except to the extent prescribed otherwise by or in terms of this Act, a certificate, notice, decision, determination or ruling issued or made with respect to any particular matter contemplated in this Act by:
                    • (a) the Commissioner; or
                      • (b) a person designated by the Commissioner to perform a particular function of the Commission is the certificate, notice, decision, determination or ruling of the Commission with respect to that matter.

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