| (a) |
appoint a person as chairperson of the Tribunal, who may be appointed for a second consecutive term; |
| (b) |
appoint no more than ten other persons as full-time or part-time members of the Tribunal, who may be appointed for a second consecutive term after consultation with the chairperson; |
| (c) |
designate a member of the Tribunal as deputy chairperson of the Tribunal; and |
| (d) |
appoint persons to fill any vacancy on the Tribunal. |
| (2) |
A person must not be appointed as chairperson or member of the Tribunal if that person— |
| (a) |
is not a South African citizen; |
| (b) |
is not permanently resident in the Republic; |
| (d) |
is subject to an order of a competent court declaring that person to be mentally unfit; |
| (e) |
within the previous ten years has been or is convicted in the Republic or elsewhere of theft, fraud, forgery or uttering a forged document, perjury, an offence under the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), an offence under the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001), or an offence involving dishonesty; |
| (f) |
has been convicted of any offence committed after the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), took effect and sentenced to imprisonment without the option of a fine; or |
| (g) |
has, as a result of dishonesty or other improper conduct, been removed from an office of trust. |
| (3) |
The membership of a member of the Tribunal ceases if he or she— |
| (a) |
becomes disqualified in terms of subsections (1) or (2) from being a member of the Tribunal; |
| (b) |
resigns by written notice addressed to the chairperson of the Tribunal or the Minister; |
| (c) |
is declared by the High Court to be of unsound mind, mentally ill or is detained under the Mental Health Act, 1973 (Act No. 18 of 1973); |
| (d) |
has, without the leave of the Tribunal, been absent from more than two consecutive meetings of the Agency; or |
| (e) |
ceases to be permanently resident in the Republic. |
| (4) |
If a member of the Tribunal dies or vacates his or her office before the expiration of his or her term of office, the Minister must, within 60 days from the date on which the vacancy occurred, appoint a person to fill the vacancy for the unexpired period for which that member was appointed. |
| (5) |
The Tribunal must comprise persons with suitable qualifications and experience in economics, law, the co-operative industry or public affairs. |
| (6) |
The deputy chairperson performs the functions of chairperson whenever— |
| (a) |
the office of chairperson is vacant; or |
| (b) |
the chairperson is for any other reason temporarily unable to perform his or her functions. |
| (7) |
The term of office of the chairperson and members of the Tribunal must be no longer than five years: Provided that should a term be renewed as provided for in paragraphs (1)(a) and (b), the Minister— |
| (a) |
may determine differing terms of service for members, none of which may be longer than five years; |
| (b) |
must take into account the need for continuity when appointments are made so that the term of office of all members of the Tribunal are not terminated at the same time; and |
| (c) |
may not appoint a chairperson or member for a third term, consecutive or otherwise. |
| (8) |
The Minister may, after due inquiry, dissolve the Tribunal if it fails to— |
| (b) |
perform the functions as contemplated in section 91N. |
| (9) |
Upon dissolution of the Tribunal as contemplated in subsection (8), the Minister must appoint an interim Tribunal in the manner set out in this section, for a period not exceeding six months. |
[Section 91M inserted by section 66 of Notice No. 558, GG 36729, dated 5 August 2013]
Special Investigating Units and Special Tribunals Act, 1996
