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Civil Aviation Act, 2009 (Act No. 13 of 2009)

Chapter 6

Part 2 : Civil Aviation Authority Board

80. Removal of member of Civil Aviation Authority Board from office

 

(1) An appointed member of the Civil Aviation Authority Board vacates his or her office immediately if he or she—
(a) is convicted—
(i) whether in the Republic or elsewhere, of murder, robbery, theft, fraud, forgery or uttering a forged document, perjury or any offence involving dishonesty; or
(ii) of any offence in terms of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), the Companies Act, 1973 (Act No. 61 of 1973), the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998), the Public Finance Management Act or of contravening this Act;
(b) without authorisation discloses or improperly acts on information gained as a result of his or her membership of the Civil Aviation Authority Board;
(c) is or becomes an unrehabilitated insolvent or commits an act of insolvency;
(d) is or has at any time been removed from an office of trust or any statutory or non-statutory Board on account of misconduct;
(e) becomes a political office bearer; or
(f) is relieved of his or her office under subsection (2).

 

(2) The Minister must immediately relieve any appointed member of the Civil Aviation Authority Board if that member has—
(a) failed to immediately vacate his or her office in terms of subsection (1);
(b) failed to disclose any conflict of interest as referred to in section 84;
(c) failed to attend three consecutive meetings of the Civil Aviation Authority Board without prior leave of the Civil Aviation Authority Board;
(d) been unable to perform his or her functions of office effectively due to continued serious ill-health;
(e) been convicted of an offence during his or her term of office and sentenced to a period of imprisonment without the option of a fine; or
(f) become of unsound mind.

 

(3) The Minister may relieve the appointed members of the Civil Aviation Authority Board of their office if—
(a) the appointed member or members have failed to substantially comply with the performance agreement entered into in terms of section 94;
(b)
(i) the Minister has in writing individually notified every appointed member of the Civil Aviation Authority Board of such failure and the nature of such failure;
(ii) the Minister has afforded the Civil Aviation Authority Board a reasonable opportunity to make a written submission to him or her in respect of the notification contemplated in subparagraph (i);
(iii) after consideration of the submission contemplated in subparagraph (ii) and if such submission does not satisfactorily address the failure specified in the Minister's notification contemplated in subparagraph (i), the Minister has afforded the Civil Aviation Authority Board a reasonable opportunity to rectify that failure; and
(iv) all appointed members of the Civil Aviation Authority Board are relieved of their office on the same date and on the same conditions; and
(c) the Minister has within 14 days of issuing the notification contemplated in paragraph (b)(i) and tabled thereof a copy in Parliament, or, if Parliament is not then in session, has published a copy of that notification in the Gazette.

 

(4) If an appointed member dies, is relieved of his or her office or vacates his or her office before the expiry of the period for which he or she was appointed, the Minister may appoint another person to fill the vacancy for the remaining portion of the period for which that member was appointed, but the procedure contemplated in section 77(3)(a) to (c) does not apply in respect of an appointment in terms of this subsection.

 

(5) If all members of the Civil Aviation Authority Board simultaneously vacate their office in terms of subsection (1) or are simultaneously relieved in terms of subsection (2) or (3) by the Minister the procedure contemplated in subsection (3) of section 77 will apply in respect of the appointment of a Civil Aviation Authority Board.